19.305 Reviews of SDB status
Source: FAR 19.305 on acquisition.gov
SBA can review a firm's SDB status at any time if credible information questions its eligibility, and requests for such reviews must follow specific procedures.
Overview
FAR 19.305 outlines the procedures for reviewing the Small Disadvantaged Business (SDB) status of firms acting as prime contractors or subcontractors on federal contracts. The section clarifies that the Small Business Administration (SBA) can initiate a review of a firm's SDB status if credible information is received that questions the firm's eligibility. It also provides the process for forwarding requests for such reviews to the SBA and distinguishes between SDB status reviews and formal size protests, referencing related FAR sections for those processes.
Key Rules
- SBA-Initiated Reviews
- The SBA may review a firm's SDB status at any time if credible information is received challenging the firm's claim.
- Requesting a Review
- Requests for SDB status reviews should be sent to the SBA Associate Administrator for Business Development at the specified address.
- Distinction from Protests
- SDB status reviews for subcontractors are not formal protests; size protests for primes and subs are handled under FAR 19.302 and 19.703(b), respectively.
Responsibilities
- Contracting Officers: Must be aware of the process for SDB status reviews and direct requests appropriately.
- Contractors: Should ensure their SDB status claims are accurate and be prepared for possible SBA review.
- Agencies: Should forward credible information or requests for review to the SBA as outlined.
Practical Implications
- This section ensures the integrity of SDB program participation by providing a mechanism to challenge questionable SDB status claims.
- Contractors must maintain accurate representations of their SDB status and understand the review process.
- Misrepresentation can lead to loss of SDB status and potential penalties.
This section applies to reviews of a small business concern's SDB status as a prime contractor or subcontractor.
(a) SBA may initiate the review of SDB status on any firm that has represented itself to be an SDB on a prime contract or subcontract to a Federal prime contract whenever it receives credible information calling into question the SDB status of the firm.
(b) Requests for an SBA review of SDB status may be forwarded to the Small Business Administration, Associate Administrator for Business Development (AA/BD), 409 Third Street, SW, Washington, DC 20416.
(c) An SBA review of a subcontractor's SDB status differs from a formal protest. Protests of a concern's size as a prime contractor are processed under 19.302. Protests of a concern's size as a subcontractor are processed under 19.703(b).