13 CFR 121.705 - Must a business concern self-certify its size status?

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§ 121.705 Must a business concern self-certify its size status? Link to an amendment published at 77 FR 76227, Dec. 27, 2012.
(a) A firm must self-certify that it currently meets the eligibility requirements set forth in § 121.702 of this title or will meet those eligibility requirements on the date of award of a funding agreement for a Phase I or Phase II SBIR award.
(b) A funding agreement officer may accept a concern's self-certification as true for the particular funding agreement involved in the absence of a written protest by other offerors or other credible information which would cause the funding agreement officer or SBA to question the size of the concern.
(c) Procedures for protesting an offeror's self-certification are set forth in §§ 121.1001 through 121.1009.
[61 FR 3286, Jan. 31, 1996, as amended at 69 FR 29206, May 21, 2004]
Effective Date Note:
At 77 FR 76227, Dec. 27, 2012, § 121.705 was revised, effective Jan. 28, 2013. For the convenience of the user, the revised text is set forth as follows:
§ 121.705 Must a business concern self-certify its size and eligibility status?
(a) A business concern must self-certify that it meets the eligibility requirements set forth in § 121.702 for a Phase I or Phase II SBIR or STTR funding agreement.
(b) A business concern that is more than 50% owned by multiple venture capital operating companies, hedge funds, or private equity firms and a joint venture where one or more parties to the joint venture is more than 50% owned by multiple venture capital operating companies, hedge funds, or private equity firms must be registered with SBA as of the date it submits its initial proposal (or other formal response) to a Phase I or Phase II SBIR announcement or solicitation. The concern must indicate in any SBIR proposal or application that it is registered with SBA as majority-owned by multiple venture capital operating companies, hedge funds, or private equity firms.
(c) A small business concern that did not meet the requirements of paragraph (b) of this section at the time of its SBIR proposal or application must notify the funding agreement officer if, on the date of award, the concern is more than 50% owned by multiple venture capital operating companies, hedge funds, or private equity firms.
(1) The concern is still eligible to receive the award if it becomes majority-owned by multiple venture capital operating companies, hedge funds, or private equity firms after the time it submitted its initial proposal (or other formal response) to a Phase I or Phase II SBIR announcement or solicitation if the agency makes the award on or after the date that is 9 months from the end of the period for submitting applications under the SBIR solicitation.
(2) This small business, known as a covered small business concern, would have to certify that it meets the requirements of the SBIR program set forth in §§ 121.702(a)(1)(ii) or 121.702(a)(1)(iii), and 121.702(a)(2) and 121.702(c) at the time of award of the funding agreement.
(d) A funding agreement officer may accept a concern's self-certification as true for the particular funding agreement involved in the absence of a written protest or other credible information which would cause the funding agreement officer or SBA to question the size or eligibility of the concern.
(e) Procedures for protesting an awardee's self-certification are set forth in §§ 121.1001 through 121.1009. In adjudicating a protest, SBA may address both the size status and eligibility of the SBIR or STTR awardee.

Title 13 published on 2014-01-01

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  • 2014-06-12; vol. 79 # 113 - Thursday, June 12, 2014
    1. 79 FR 33647 - Small Business Size Standards: Inflation Adjustment to Monetary Based Size Standards
      GPO FDSys XML | Text
      SMALL BUSINESS ADMINISTRATION
      Interim Final Rule with request for comments.
      Effective Date: This rule is effective July 14, 2014. Comment Date: Comments must be received on or before August 11, 2014.
      13 CFR Part 121

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United States Code

Title 13 published on 2014-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 13 CFR 121 after this date.

  • 2014-06-25; vol. 79 # 122 - Wednesday, June 25, 2014
    1. 79 FR 35963 - Advisory Small Business Size Decisions
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      SMALL BUSINESS ADMINISTRATION
      Proposed rule.
      Comments must be received on or before August 25, 2014.
      13 CFR Part 121