[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR19.301]

[Page 344-345]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 19--SMALL BUSINESS PROGRAMS--Table of Contents
 
Subpart 19.3--Determination of Small Business Status for Small Business 
                                Programs
 
Sec. 19.301  Representation by the offeror.


    (a) To be eligible for award as a small business, an offeror must 
represent in good faith that it is a small business at the time of its 
written representation. An offeror may represent that it is a small 
business concern in connection with a specific solicitation if it meets 
the definition of a small business concern applicable to the 
solicitation and has not been determined by the Small Business 
Administration (SBA) to be other than a small business.
    (b) The contracting officer shall accept an offeror's representation 
in a specific bid or proposal that it is a small business unless (1) 
another offeror or interested party challenges the concern's small 
business representation or (2) the contracting officer has a reason to 
question the representation. Challenges of and questions concerning a 
specific representation shall be referred to the SBA in accordance with 
19.302.
    (c) An offeror's representation that it is a small business is not 
binding on the SBA. If an offeror's small business status is challenged, 
the SBA will evaluate the status of the concern and make a 
determination, which will be binding on the contracting officer, as to 
whether the offeror is a small business. A concern cannot become 
eligible for a specific award by taking action to meet the definition of 
a small business concern after the SBA has determined that it is not a 
small business.
    (d) If the SBA determines that the status of a concern as a small 
business, veteran-owned small business, HUBZone small business, small 
disadvantaged business, or women-owned small business has been 
misrepresented in order to obtain a set-aside contract, an 8(a) 
subcontract, a subcontract that is to be included as part or all of a 
goal contained in a subcontracting plan, or

[[Page 345]]

a prime or subcontract to be awarded as a result, or in furtherance of 
any other provision of Federal law that specifically references Section 
8(d) of the Small Business Act for a definition of program eligibility, 
the SBA may take action as specified in Section 16(d) of the Act. If the 
SBA declines to take action, the agency may initiate the process. The 
SBA's regulations on penalties for misrepresentations and false 
statements are contained in 13 CFR 124.6.

[48 FR 42240, Sept. 19, 1983, as amended at 55 FR 3882, Feb. 5, 1990; 60 
FR 48261, Sept. 18, 1995; 62 FR 236, Jan. 2, 1997; 63 FR 70268, Dec. 18, 
1998; 65 FR 60545, Oct. 11, 2000]