Do we interpret the CFR language to mean that for a Small Business Set-Aside, the size of the Prime Offeror is determined as of the date it signs and submits its proposal, and its Small Business subcontractor's size will also be determined as of that same date? In other words, is there any distinction between the dates when the Prime or its subs are determined to be small?
Per FAR 19.703(b), a contractor may rely on the written representation of its subcontractor regarding the subcontractor's status as a small business. This representation will likely be made on a date that precedes the date on which the prime represents itself as a small business to the Government. Thus, there may be a distinction between the two dates of representation.
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