[Code of Federal Regulations]

[Title 13, Volume 1]

[Revised as of January 1, 2006]

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

[CITE: 13CFR121.404]



[Page 322-323]

 

                TITLE 13--BUSINESS CREDIT AND ASSISTANCE

 

                CHAPTER I--SMALL BUSINESS ADMINISTRATION

 

PART 121_SMALL BUSINESS SIZE REGULATIONS--Table of Contents

 

           Subpart A_Size Eligibility Provisions and Standards

 

Sec. 121.404  When does SBA determine the size status of a business 

concern?



    (a) SBA determines the size status of a concern, including its 

affiliates, as of the date the concern submits a written self-

certification that it is small to the



[[Page 323]]



procuring activity as part of its initial offer (or other formal 

response to a solicitation) which includes price. Where an agency 

modifies a solicitation so that initial offers are no longer responsive 

to the solicitation, a concern must recertify that it is a small 

business at the time it submits a responsive offer, which includes 

price, to the modified solicitation.

    (b) A concern applying to be certified as a Participant in SBA's 

8(a) Business Development program (under part 124, subpart A, of this 

chapter), as a small disadvantaged business (under part 124, subpart B, 

of this chapter), or as a HUBZone small business (under part 126 of this 

chapter) must qualify as a small business for its primary industry 

classification as of the date of its application and the date of 

certification by SBA.

    (c) The size status of an applicant for a Certificate of Competency 

(COC) relating to an unrestricted procurement is determined as of the 

date of the concern's application for the COC.

    (d) Size status for purposes of compliance with the nonmanufacturer 

rule set forth in Sec. 121.406(b)(1) and the ostensible subcontractor 

rule set forth in Sec. 121.103(h)(4) is determined as of the date of 

the final proposal revision for negotiated acquisitions and final bid 

for sealed bidding.

    (e) For subcontracting purposes, a concern must qualify as small as 

of the date that it certifies that it is small for the subcontract. The 

applicable size standard is that which is set forth in Sec. 121.410 and 

which is in effect at the time the concern self-certifies that it is 

small for the subcontract.

    (f) For purposes of two-step sealed bidding under subpart 14.5 of 

the FAR, 48 CFR, a concern must qualify as small as of the date that it 

certifies that it is small as part of its step one proposal.

    (g) A concern that qualified as a small business at the time it 

receives a contract is considered a small business throughout the life 

of that contract. Where a concern grows to be other than small, the 

procuring agency may exercise options and still count the award as an 

award to a small business.

    (h) A follow-on or renewal contract is a new contracting action. As 

such, size is determined as of the date the concern submits a written 

self-certification that it is small to the procuring agency as part of 

its initial offer including price for the follow-on or renewal contract.

    (i) At the time a novation or change-of-name agreement has been 

executed pursuant to FAR subpart 42.12, the new entity must submit a 

written self-certification that it is small to the procuring agency so 

that the agency can count the award, options, or orders issued pursuant 

to the contract towards its small business goals.



[69 FR 29205, May 21, 2004]