[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: 13CFR121.603]



[Page 328-329]

 

                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. 121.603  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 Sec. 121.404 for the time at which 

size is determined for, and Sec. 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) Where



[[Page 329]]



SBA 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 Sec. Sec. 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]