§19.304. Small disadvantaged business status.
48 C.F.R. § 19.304
The contracting officer may accept an offeror's representation that it is a small disadvantaged business concern (SDB) concern.
The provision at 52.219-1, Small Business Program Representations, or 52.212-3(c)(5), Offeror Representations and Certifications—Commercial Products and Commercial Services, is used to collect SDB data.
A representation of SDB status on a Federal prime contract will be deemed a misrepresentation of SDB status if the firm does not meet the requirements of 13 CFR 124.1001.
Any person or entity that misrepresents a firm's status as an SDB concern in order to obtain a contracting opportunity in accordance with section 8(d) of the Small Business Act, (15 U.S.C. 637(d)) will be subject to the penalties imposed by section 16(d) of the Small Business Act, (15 U.S.C. 645(d)), as well as any other penalty authorized by law.
Notes, amendments, and revision history
Amendments
[79 FR 61750, Oct. 14, 2014, as amended at 86 FR 61027, Nov. 4, 2021; 88 FR 53752, Aug. 8, 2023; 89 FR 13956, Feb. 23, 2024]
Authority
Authority: 41 U.S.C. 1121(b); 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.
Source
Source: 48 FR 42240, Sept. 19, 1983, unless otherwise noted.
Amendments
[79 FR 61750, Oct. 14, 2014, as amended at 86 FR 61027, Nov. 4, 2021; 88 FR 53752, Aug. 8, 2023; 89 FR 13956, Feb. 23, 2024]