13 CFR 121.603 - How does SBA determine whether a Participant is small for a particular 8(a) BD subcontract?

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§ 121.603 How does SBA determine whether a Participant is small for a particular 8(a) BD subcontract?
(a) Self certification by Participant. A 8(a) BD Participant must certify that it qualifies as a small business under the NAICS code assigned to a particular 8(a) BD subcontract as part of its initial offer including price to the procuring agency. The Participant also must submit a copy of its offer, including its self-certification as to size, to the appropriate SBA district office at the same time it submits the offer to the procuring agency. See§ 121.404 for the time at which size is determined for, and § 121.406 for the applicability of the nonmanufacturer rule to, 8(a) BD procurements.
(b) Verification of size by SBA. Within 30 days of its receipt of a Participant's size self-certification for a particular 8(a) BD subcontract, the SBA district office serving the geographic area in which the Participant's principal office is located will review the Participant's self-certification and determine if it is small for purposes of that subcontract. The SBA district office will review the Participant's most recent financial statements and other relevant data and then notify the Participant of its decision.
(c) Changes in size between date of self-certification and date of award.
(1) WhereSBA verifies that the selected Participant is small for a particular procurement, subsequent changes in size up to the date of award, except those due to merger with or acquisition by another business concern, will not affect the firm's size status for that procurement.
(2) Where a Participant has merged with or been acquired by another business concern between the date of its self-certification and the date of award, the concern must recertify its size status, and SBA must verify the new certification before award can occur.
(d) Finding Participant to be other than small.
(1) A Participant may request a formal size determination (pursuant to§§ 121.1001 through 121.1009) with the SBA Government Contracting Area Office serving the geographic area in which the principal office of the Participant is located within 5 working days of its receipt of notice from the SBA district office that it is not small for a particular 8(a) BD subcontract.
(2) Where the Participant does not timely request a formal size determination, SBA may accept the procurement in support of another Participant, or may rescind its acceptance of the offer for the 8(a) BD program, as appropriate.
[61 FR 3286, Jan. 31, 1996, as amended at 65 FR 30863, May 15, 2000; 69 FR 29206, May 21, 2004]

Title 13 published on 2015-01-01.

The following are only the Rules published in the Federal Register after the published date of Title 13.

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  • 2015-02-11; vol. 80 # 28 - Wednesday, February 11, 2015
    1. 80 FR 7533 - Advisory Small Business Size Decisions
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      Final rule.
      This rule is effective August 10, 2015.
      13 CFR Part 121

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United States Code

Title 13 published on 2015-01-01

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

  • 2015-04-07; vol. 80 # 66 - Tuesday, April 7, 2015
    1. 80 FR 18556 - Small Business Mentor Protégé Program; Small Business Size Regulations; Government Contracting Programs; 8(a) Business Development/Small Disadvantaged Business Status Determinations; HUBZone Program; Women-Owned Small Business Federal Contract Program; Rules of Procedure Governing Cases Before the Office of Hearings and Appeals
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      Proposed rule; extension of comment period.
      The comment period for the proposed rule published on February 5, 2015 is extended to May 6, 2015.
      13 CFR Parts 121, 124, 125, 126, 127, and 134