13 C.F.R. § 121.110
What must a concern do in order to be identified as a small business concern in any Federal procurement databases?
(a) In order to be identified as a small business concern in the System for Award Management (SAM) database (or any successor thereto), a concern must certify its size in connection with specific size standards at least annually.
(b) If a firm identified as a small business concern in SAM fails to certify its size within one year of a size certification, the firm will not be listed as a small business concern in SAM, unless and until the firm recertifies its size.
Notes of Decisions
Cited in 2
cases, 2018–2020 · leading case: Premier Gaming Trailers, LLC v. Luna Diversified Enters., Inc., 304 F. Supp. 3d 1270 (M.D. Fla. 2018).
Premier Gaming Trailers, LLC v. Luna Diversified Enters., Inc., 304 F. Supp. 3d 1270 (M.D. Fla. 2018). “While certifying itself as such would have allowed Premier Gaming to be identified as a small business concern in SAM before submitting bids of its own, 13 C.F.R. § 121.110 , the regulations do not state that Premier Gaming had to be so certified to serve as a subcontractor.”
Harmonia Holdings Grp., LLC v. United States (Fed. Cl. 2020). “See 13 C.F.R. § 121.110 (2019). Notably, “[a] contracting officer may accept a concern's self-certification as true for the particular procurement involved in the absence of a written protest by other offerors or other credible information which causes the contracting officer or…”
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