C.F.R. » Title 13 » CHAPTER I—SMALL BUSINESS ADMINISTRATION › PART 121—SMALL BUSINESS SIZE REGULATIONS › Subpart A—Size Eligibility Provisions and Standards

13 C.F.R. § 121.405

May a business concern self-certify its small business size status?

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(a) A concern must self-certify it is small under the size standard specified in the solicitation, or as clarified, completed or supplied by SBA pursuant to § 121.402(d).

(b) 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 SBA to question the size of the concern.

(c) Procedures for protesting the self-certification of an offeror are set forth in §§ 121.1001 through 121.1009.

Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 1999–2026 · leading case: LB & B Assocs. Inc. v. United States, 68 Fed. Cl. 765 (Fed. Cl. 2005).
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LB & B Assocs. Inc. v. United States, 68 Fed. Cl. 765 (Fed. Cl. 2005). · cites it 5× “In reversing the Area Office decision, the OHA judge held that the Area Office erred because: (1) the task order RFP was a solicitation for a new contract; (2) the task order RFP required re-certification; and (3) 13 C.F.R. § 121.405 (a) requires an offeror to self-certify it is…”
DSE, Inc. v. United States, 169 F.3d 21 (D.C. Cir. 1999). · cites it 2× “” 13 C.F.R. § 121.405 (b). Any disappointed offeror can make a size protest in connection with a particular procurement under the Small Business Set-Aside Program.”
Morris-Griffin Corp. v. C & L Serv. CORP., 731 F. Supp. 2d 488 (E.D. Va. 2010). “Under 13 C.F.R. § 121.405 (b), an SBA contracting officer “may accept a concern’s self-certification as [a small business concern as] true for the particular procurement involved in the absence of a written protest by other offerors or other credible information which causes the…”
Primary Health Care, LLC v. United States (Fed. Cl. 2026). · cites it 2× “See 13 C.F.R. § 121.405 (b). The date of self-certification is the default date for determining the offeror’s size.”
Harmonia Holdings Grp., LLC v. United States (Fed. Cl. 2020). “” 13 C.F.R. § 121.405 (b) (2019). 20 A size protest must be filed with the contracting officer for the solicitation, who is required to forward the size protest to the SBA.”
Swift & Staley, Inc. v. United States (Fed. Cl. 2021). “13 C.F.R. § 121.405 (a) (2020). The size of a concern is determined as of the date when the concern submits a written self-certification.”
Zin Tech., Inc. v. United States (Fed. Cl. 2024). “13 C.F.R. § 121.405 (a) (2020). On May 2, 2023, 22 21 Pursuant to its statutory authority, the SBA sets size standards that determine if a business concern is eligible for “[g]overnment programs and preferences reserved for ‘small business’ concerns.”
— 13 C.F.R. § 121.405(a) — 1 case
LB & B Assocs. Inc. v. United States, 68 Fed. Cl. 765 (Fed. Cl. 2005). “In reversing the Area Office decision, the OHA judge held that the Area Office erred because: (1) the task order RFP was a solicitation for a new contract; (2) the task order RFP required re-certification; and (3) 13 C.F.R. § 121.405 (a) requires an offeror to self-certify it is…”
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