[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR19.301]



[Page 355]

 

            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, service-disabled 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 

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 Sections 16(a) or 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 121.108 for small business, 13 

CFR 124.501 for 8(a) small business, 13 CFR 124.1011 for small 

disadvantaged business, 13 CFR 125.29 for veteran or service-disabled 

veteran-owned small business, and 13 CFR 126.900 for HUBZone small 

business.



[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; 69 FR 25276, May 5, 2004]