13 C.F.R. § 121.1010

How does a concern become recertified as a small business?

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(a) A concern may request SBA to recertify it as small at any time by filing an application for recertification with the Government Contracting Area Office responsible for the area in which the headquarters of the applicant is located, regardless of the location of parent companies or affiliates. No particular form is prescribed for the application; however, the request for recertification must be accompanied by a current completed SBA Form 355 and any other information sufficient to show a significant change in its ownership, management, or other factors bearing on its status as a small concern.

(b) Recertification will not be required nor will the prohibition against future self-certification apply if the adverse SBA size determination is based solely on a finding of affiliation limited to a particular Government procurement or property sale, such as an ostensible subcontracting relationship or non-compliance with the nonmanufacturer rule.

(c) A denial of an application for recertification is a formal size determination and may be reviewed by OHA at the discretion of that office.

(d) The granting of an application for recertification has future effect only. While it is a formal size determination, notice of recertification is required to be given only to the applicant.

[61 FR 3286, Jan. 31, 1996, as amended at 89 FR 102487, Dec. 17, 2024]

Notes of Decisions

Cited in 1 case, 2009–2009 · leading case: Taylor Consultants, Inc. v. United States, 90 Fed. Cl. 531 (Fed. Cl. 2009).

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Taylor Consultants, Inc. v. United States, 90 Fed. Cl. 531 (Fed. Cl. 2009). “The SBA regulations provide a procedure for re-certification as a small business and an application may be filed “at any time” and ultimately may be appealed to the OHA 13 C.F.R. § 121.1010 . Importantly, 13 C.”

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