(c) Copies. Five copies of all documents shall be filed with the exception of notices of appearances under § 124.10-3, in which case only one copy need be filed.

(d) Form. All documents and pleadings, including briefs, filed in proceedings hereunder shall be printed, typewritten or otherwise processed in permanent form and on good unglazed paper.

(e) Signature. (1) One copy of each document shall be signed by an attorney of record for the party or, in the case of respondents not represented by counsel, by an officer of respondent.

(2) Signing a document constitutes a representation by the signer that he has read it, that to the best of his knowledge, information, and belief, the statements made in it are true, and that is not interposed for delay. If a document is not signed or is signed with intent to defeat the purpose of this section, it may be stricken as sham and false and the proceeding may go forward as though the document had not been filed.

§ 124.10-22 Time.

(a) Computation. Computation of any period of time prescribed or allowed by these rules, by order of the AAMSB-COD, or an ALJ, or by any applicable statute, shall begin with the first business day following that on which the act, event or development initiating such period of time shall have occurred. When the last day of the period so computed is a Saturday, Sunday, or national holiday, or other day on which the office of SBA is closed, the period shall run until the end of the next following business day. When such period of time, with the intervening Saturdays, Sundays and national holidays counted, is less than seven days, each of the Saturdays, Sundays, and such holidays shall be excluded from the computation. When such period of time, with the intervening Saturdays, Sundays, and national holidays counted, exceeds seven days, each of the Saturdays, Sundays and such holidays shall be included in the computation.

(b) Extensions. For good cause shown, the examiner may, in any proceeding before him, extend any time

limit prescribed or allowed by these rules or by order of the AAMSB-COD or the ALJ.

§ 124.10-23 Service.

(a) By SBA. (1) Service of orders to show cause, orders and other processes of SBA may be effected as follows:

(i) By registered mail. A copy of the documents shall be addressed to the person, partnership, corporation or

unincorporated association to be

served at his or its residence or principal office or place of business, registered, and mailed; or

(ii) By delivery to any individual. A copy thereof may be delivered to the person to be served, or to a member of the partnership to be served, or to the president, secretary, or other executive officer or a director of the corporation or unincorporated association to be served; or

(iii) By delivery to an address. A copy thereof may be left at the principal office or place of business of the person, partnership, corporation or unincorporation association, or it may be left at the residence of the person or of a member of the partnership or of an officer or director of the corporation or unincorporated association to be served.

(2) Documents other than orders to show cause, orders and other processes of SBA, the service of which starts the running of prescribed periods of time provided or allowed by any of the rules in this part or by any order of SBA or an ALJ for the performance of some act or the occurrence of some event or development, shall be served in the same manner as orders to show cause, orders and other processes of SBA, or by certified mail.

(3) All other documents may be similarly served, or they may be served by ordinary first-class mail.

(b) By other parties. Service of documents by parties other than SBA shall be by delivering copies thereof as follows: Upon SBA by personal delivery or delivery by first-class mail to the Office of Hearings and Appeals or the Office of AAMSB-COD as appropri ate; upon any other party, by delivery to the party. If the party is an individual or partnership, delivery shall be to such individual or a member of the

partnership; if a corporation or unincorporated association, to an officer or agent authorized to accept service of process therefor. Delivery to a party other than SBA means handing to the individual, partner, officer, or agent; leaving at his office with a person in charge thereof, or, if there is no one in charge or if the office is closed or if he has no office, leaving at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein; or sending by first class mail.

(c) Proof of service. (1) When service is by mail, registered or ordinary firstclass, it is complete upon delivery of the document by the post office.

(2) When a party has appeared in a proceeding by a partner, officer, or attorney, service upon such partner, officer, or attorney of any document other than an order to show cause, order or other process of SBA shall be deemed service upon the party.

(3) The return post office receipt for a document registered and mailed, or the verified return or certificate by the person serving the document by personal delivery or ordinary mail, setting forth the manner of said service, shall be proof of the service of the document.

§ 124.10-24 Ex parte communication.

(a) In any proceeding conducted under these rules, no employee or agent of SBA who performs any investigative or prosecuting function in connection with the proceeding and no respondent in the proceeding, or agent, or counsel, or anyone acting on behalf of a respondent, shall communicate ex parte, directly or indirectly, with the AAMSB-COD, or the ALJ, or any employee involved in the decisional process in such proceeding, with respect to the merits of that or a factually related proceeding.

(b) In any proceeding conducted under these rules, the AAMSB-COD, ALJ or employee involved in the decisional process of such proceeding, shall not communicate ex parte, directly or indirectly, with any employee or agent of SBA who performs any investigative or prosecuting function in connection with the proceeding, or with any party respondent in the pro

or

ceeding, or agent, or counsel, anyone acting on behalf of a party respondent, with respect to the merits of that or a factually related proceeding.

(c) In any proceeding conducted under these rules, if any oral or written ex parte communication is made to or by the ALJ, or employee involved in the decisional process, in violation of paragraph (a) or (b) of this section, such ALJ or employee as the case may be, shall promptly deliver to the AAMSB-COD any such written communication or, in the case of an oral communication, a report giving the substance thereof in writing, together with a written statement of the circumstances under which it was made. If the AAMSB-COD determines that any such communication should, in fairness, be brought to the attention of all parties to the proceeding, the relevant written material pertaining thereto shall be made a part of the record of the proceeding to which it applies and the AAMSB-COD shall send copies thereto to all parties respondent.

(d) In any case where the AAMSBCOD determines that the dictates of fairness so require, any party requesting an opportunity to do so may rebut, on the record, any facts or contentions contained in any such ex parte communication.

(e) The Administrator of the SBA may, in accordance with the procedures contained in Part 104 of this chapter, suspend or revoke the privilege of any person who makes or solicits the making of an unauthorized ex parte communication, to practice or appear before SBA.

§ 124.10-25 Reopening of proceedings.

(a) In any case where an order has been issued by SBA it may, upon notice to the parties, modify or set aside, in whole or in part, its report of findings as to the facts or order in such manner as it may deem proper at any time prior to expiration of the time allowed for filing a petition for review.

(b) In any case in which an order issued by SBA has become final, SBA may at any time after reasonable notice and opportunity for hearing as to whether changed conditions of fact

(c) Copies. Five copies of all documents shall be filed with the exception of notices of appearances under § 124.10-3, in which case only one copy need be filed.

(d) Form. All documents and pleadings, including briefs, filed in proceedings hereunder shall be printed, typewritten or otherwise processed in permanent form and on good unglazed paper.

(e) Signature. (1) One copy of each document shall be signed by an attorney of record for the party or, in the case of respondents not represented by counsel, by an officer of respondent.

(2) Signing a document constitutes a representation by the signer that he has read it, that to the best of his knowledge, information, and belief, the statements made in it are true, and that is not interposed for delay. If a document is not signed or is signed with intent to defeat the purpose of this section, it may be stricken as sham and false and the proceeding may go forward as though the document had not been filed.

§ 124.10-22 Time.

(a) Computation. Computation of any period of time prescribed or allowed by these rules, by order of the AAMSB-COD, or an ALJ, or by any applicable statute, shall begin with the first business day following that on which the act, event or development initiating such period of time shall have occurred. When the last day of the period so computed is a Saturday, Sunday, or national holiday, or other day on which the office of SBA is closed, the period shall run until the end of the next following business day. When such period of time, with the intervening Saturdays, Sundays and national holidays counted, is less than seven days, each of the Saturdays, Sundays, and such holidays shall be excluded from the computation. When such period of time, with the intervening Saturdays, Sundays, and national holidays counted, exceeds seven days, each of the Saturdays, Sundays and such holidays shall be included in the computation.

(b) Extensions. For good cause shown, the examiner may, in any proceeding before him, extend any time

limit prescribed or allowed by these rules or by order of the AAMSB-COD or the ALJ.

§ 124.10-23 Service.

(a) By SBA. (1) Service of orders to show cause, orders and other processes of SBA may be effected as follows:

(i) By registered mail. A copy of the documents shall be addressed to the person, partnership, corporation or unincorporated association to be served at his or its residence or principal office or place of business, registered, and mailed; or

(ii) By delivery to any individual. A copy thereof may be delivered to the person to be served, or to a member of the partnership to be served, or to the president, secretary, or other executive officer or a director of the corporation or unincorporated association to be served; or

(iii) By delivery to an address. A copy thereof may be left at the principal office or place of business of the person, partnership, corporation or unincorporation association, or it may be left at the residence of the person or of a member of the partnership or of an officer or director of the corporation or unincorporated association to be served.

(2) Documents other than orders to show cause, orders and other processes of SBA, the service of which starts the running of prescribed periods of time provided or allowed by any of the rules in this part or by any order of SBA or an ALJ for the performance of some act or the occurrence of some event or development, shall be served in the same manner as orders to show cause, orders and other processes of SBA, or by certified mail.

(3) All other documents may be similarly served, or they may be served by ordinary first-class mail.

(b) By other parties. Service of documents by parties other than SBA shall be by delivering copies thereof as follows: Upon SBA by personal delivery or delivery by first-class mail to the Office of Hearings and Appeals or the Office of AAMSB-COD as appropri ate; upon any other party, by delivery to the party. If the party is an individual or partnership, delivery shall be to such individual or a member of the

partnership; if a corporation or unincorporated association, to an officer or agent authorized to accept service of process therefor. Delivery to a party other than SBA means handing to the individual, partner, officer, or agent; leaving at his office with a person in charge thereof, or, if there is no one in charge or if the office is closed or if he has no office, leaving at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein; or sending by first class mail.

(c) Proof of service. (1) When service is by mail, registered or ordinary firstclass, it is complete upon delivery of the document by the post office.

(2) When a party has appeared in a proceeding by a partner, officer, or attorney, service upon such partner, officer, or attorney of any document other than an order to show cause, order or other process of SBA shall be deemed service upon the party.

(3) The return post office receipt for a document registered and mailed, or the verified return or certificate by the person serving the document by personal delivery or ordinary mail, setting forth the manner of said service, shall be proof of the service of the document.

§ 124.10-24 Ex parte communication.

(a) In any proceeding conducted under these rules, no employee or agent of SBA who performs any investigative or prosecuting function in connection with the proceeding and no respondent in the proceeding, or agent, or counsel, or anyone acting on behalf of a respondent, shall communicate ex parte, directly or indirectly, with the AAMSB-COD, or the ALJ, or any employee involved in the decisional process in such proceeding, with respect to the merits of that or a factually related proceeding.

(b) In any proceeding conducted under these rules, the AAMSB-COD, ALJ or employee involved in the decisional process of such proceeding, shall not communicate ex parte, directly or indirectly, with any employee or agent of SBA who performs any investigative or prosecuting function in connection with the proceeding, or with any party respondent in the pro

or

ceeding, or agent, or counsel, anyone acting on behalf of a party respondent, with respect to the merits of that or a factually related proceeding.

(c) In any proceeding conducted under these rules, if any oral or written ex parte communication is made to or by the ALJ, or employee involved in the decisional process, in violation of paragraph (a) or (b) of this section, such ALJ or employee as the case may be, shall promptly deliver to the AAMSB-COD any such written communication or, in the case of an oral communication, a report giving the substance thereof in writing, together with a written statement of the circumstances under which it was made. If the AAMSB-COD determines that any such communication should, in fairness, be brought to the attention of all parties to the proceeding, the relevant written material pertaining thereto shall be made a part of the record of the proceeding to which it applies and the AAMSB-COD shall send copies thereto to all parties respondent.

(d) In any case where the AAMSBCOD determines that the dictates of fairness so require, any party requesting an opportunity to do so may rebut, on the record, any facts or contentions contained in any such ex parte communication.

(e) The Administrator of the SBA may, in accordance with the procedures contained in Part 104 of this chapter, suspend or revoke the privilege of any person who makes or solicits the making of an unauthorized ex parte communication, to practice or appear before SBA.

§ 124.10-25 Reopening of proceedings.

(a) In any case where an order has been issued by SBA it may, upon notice to the parties, modify or set aside, in whole or in part, its report of findings as to the facts or order in such manner as it may deem proper at any time prior to expiration of the time allowed for filing a petition for review.

(b) In any case in which an order issued by SBA has become final, SBA may at any time after reasonable notice and opportunity for hearing as to whether changed conditions of fact

or of law or the public interest so require, reopen and alter, modify or set aside, in whole or in part, its report of findings as to the facts or order therein whenever in the opinion of the AAMSB-COD such action is required by the changed conditions or by the public interest.

(c) After an order dismissing an order to show cause has been issued, SBA may, upon reasonable notice to the parties and opportunity for a hearing as to whether the proceeding should be reopened, issue an order reopening such proceeding whenever, in the opinion of the AAMSB-COD, changed conditions of fact or of law or the public interest so require.

the Government (including but not limited to contracts or subcontracts for equipment, materials and supplies; maintenance, repair, construction and architect-engineer services; research, development, test and evaluation) are placed with small business enterprises; to insure that a fair proportion of the total sales of Government property be made to such enterprises; and to maintain and strengthen the overall economy, well-being and security of the Nation.

§ 125.2 Definitions.

For purposes of this part:

(a) “Administrator” means the Administrator of the Small Business Administration.

(b) "SBA" means the Small Business Administration.

(c) "Small Business" means a business which qualifies as a small business under the small business size standards requirements, Part 121 of this Chapter and includes small concerns owned and controlled by socially and economically disadvantaged individuals under the definition thereof in Part 124 of this chapter.

(d) The terms "procurement" and “acquisition” are used interchangeably throughout.

(e) The term "Federal agency" as used herein does not include the United States Postal Service or the General Accounting Office.

(f) The term "Government procurement contract” means any contract for the procurement of any goods or services by any Federal agency.

PROCUREMENT ASSISTANCE

§ 125.3 Introduction.

The regulations in this part implement the procurement assistance programs of the Small Business Administration. The Office of the Associate Administrator for Procurement Assistance establishes SBA policy for, and directs the nationwide operation of (currently) five major programs: Certificate of Competency; Prime Contracts Assistance; Property Sales Assistance; Subcontracting Assistance; and Technology Assistance. The five programs are involved in aiding small business firms to obtain a fair share of