[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: 48CFR19.703]

[Page 363-364]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 19--SMALL BUSINESS PROGRAMS--Table of Contents
 
         Subpart 19.7--The Small Business Subcontracting Program
 
Sec. 19.703  Eligibility requirements for participating in the program.

    (a) To be eligible as a subcontractor under the program, a concern 
must represent itself as a small business, veteran-owned small business, 
service-disabled veteran-owned small business, HUBZone small business, 
small disadvantaged business, or woman-owned small business concern.
    (1) To represent itself as a small business, veteran-owned small 
business, service-disabled veteran-owned small business, HUBZone small 
business, or woman-owned small business concern, a concern must meet the 
appropriate definition (see 2.101 and 19.001).
    (2) In connection with a subcontract, or a requirement for which the 
apparently successful offeror received an evaluation credit for 
proposing one or more SDB subcontractors, the contracting officer or the 
SBA may protest the disadvantaged status of a proposed subcontractor. 
Such protests will be processed in accordance with 13 CFR 124.1015 
through 124.1022. Other interested parties may submit information to the 
contracting officer or the SBA in an effort to persuade the contracting 
officer or the SBA to initiate a protest. Such protests, in order to be 
considered timely, must be submitted to the SBA prior to completion of 
performance by the intended subcontractor.
    (b) A contractor acting in good faith may rely on the written 
representation of its subcontractor regarding the subcontractor's status 
as a small business, veteran-owned small business, service-disabled 
veteran-owned small business, HUBZone small business, or a woman-owned 
small business concern. The clause at 52.219-25, Small Disadvantaged 
Business Participation Program--Disadvantaged Status and Reporting, 
requires the contractor to obtain representations of small disadvantaged 
status from subcontractors through use of a provision substantially the 
same as paragraph (b)(1)(i) of the provision at 52.219-22, Small 
Disadvantaged Business Status. The clause requires the contractor to 
confirm that a subcontractor representing itself as a small 
disadvantaged business concern is identified by SBA as a small

[[Page 364]]

disadvantaged business concern by accessing SBA's database (PRO-Net) or 
by contacting the SBA's Office of Small Disadvantaged Business 
Certification and Eligibility. The contractor, the contracting officer, 
or any other interested party can challenge a subcontractor's size 
status representation by filing a protest, in accordance with 13 CFR 
121.1601 through 121.1608. Protests challenging a subcontractor's small 
disadvantaged business representation must be filed in accordance with 
13 CFR 124.1015 through 124.1022. Protests challenging HUBZone small 
business concerns status must be filed in accordance with 13 CFR 
126.800.

[48 FR 42240, Sept. 19, 1983, as amended at 51 FR 2664, Jan. 17, 1986; 
55 FR 3882, Feb. 5, 1990; 55 FR 52792, Dec. 21, 1990; 60 FR 48262, Sept. 
18, 1995; 62 FR 236, Jan. 2, 1997; 63 FR 34065, July 1, 1998; 63 FR 
70270, Dec. 18, 1998; 63 FR 71723, Dec. 29, 1998; 64 FR 36223, July 2, 
1999; 65 FR 60545, Oct. 11, 2000; 66 FR 2130, Jan. 10, 2001]