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  • Question

    Where does it say what can be done? FAR, DFARS, CFR, PGI, or other? In other words, when is the certification considered valid - at time of proposal or award? Can a contract be awarded to a company that was small at time of proposal and then outgrows the small business standard for a particular NAICS code byy time fo award?


    Answer

    The following response is based solely on the question and background information provided. As we do not have all of the facts particular to your contract, program, and situation, we highly recommend you consult your Contracting Officer and Legal Office for guidance.
     
    13 CFR § 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 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."
     
    FAR 19.301-1(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 it written representation."
     
    SBA's "Guide to SBA's Definitions of Small Business" located at http://www.sba.gov/contractingopportunities/officials/size/index.html:
    "To bid on Federal contracts, the concern must self-certify in ORCA (and above) that it is a small business under the appropriate size standard set forth in the solicitation. The size of the concern at the time of self-certification prevails for that contract. A concern may grow above the size standard before or after award without loss of eligibility to perform on that contract."

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