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Barry McVay's FEDERAL CONTRACTS DISPATCH

DATE: September 25, 2000

FROM: Barry McVay, CPCM

SUBJECT: Small Business Administration; Rules Governing 8(a) and Small Disadvantaged Business Status Cases

SOURCE: Federal Register, September 25, 2000, Vol. 65, No. 186, page 57541

AGENCIES: Small Business Administration (SBA)

ACTION: Direct Final Rule

SYNOPSIS: SBA is amending its regulations to reflect the creation of a new Office of Procurement Law in its Office of General Counsel. The Office of Procurement Law will handle all procurement-related legal issues at SBA.

EDITOR'S NOTE: The SBA's regulations are in Title 13 of the Code of Federal Regulations (CFR).

DATES: This rule is being published as a "direct final rule," which SBA reserves for rules it believes are noncontroversial. This rule will become effective on October 25, 2000, without further notice, unless SBA receives adverse comments by October 10, 2000. If SBA receives adverse comments, it will withdraw the rule.

ADDRESSES: Send comments to John W. Klein, Acting Associate General Counsel for Procurement Law, Small Business Administration, 409 Third Street, SW, Washington, DC 20416.

FOR FURTHER INFORMATION CONTACT: Genemarie M. Pade, 202-205-6639.

SUPPLEMENTAL INFORMATION: Previous to the recent reorganization, the Office of General Law represented SBA in procurement issues. Though the Office of General Law continues to exist, the new Office of Procurement Law will represent SBA in administrative litigation involving: (1) denials of Small Disadvantaged Business (SDB) certification; (2) denials of 8(a) Business Development program participation; (3) North American Industrial Classification System (NAICS) code and size determinations; (4) suspensions of 8(a) business development program assistance; and (5) denials of requests for waivers of contract performance requirements in the 8(a) business development program. Therefore, SBA needs to change its corresponding regulations to identify the Associate General Counsel for Procurement Law as the individual upon whom copies of appeals must be served, and remove references to the Associate General Counsel for General Law. Therefore, the following paragraphs in 13 CFR Part 124, 8(a) Business Development/Small Disadvantaged Business Status Determinations, and 13 CFR Part 134, Rules of Procedure Governing Cases Before the Office of Hearings and Appeals, are revised accordingly:

FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.

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