13 C.F.R. § 126.500

How does a concern maintain HUBZone certification?

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(a) Recertification. (1) Any concern seeking to remain a certified HUBZone small business concern in DSBS (or successor system) must recertify to SBA that it continues to meet all HUBZone eligibility criteria (see § 126.200) every three years. In order to recertify—

(i) A certified HUBZone small business concern that was not awarded a HUBZone contract during the 12-month period preceding its recertification must represent that, at the time of its recertification, at least 35% of its employees reside in HUBZones and the concern's principal office is located in a HUBZone.

(ii) A certified HUBZone small business concern that was awarded a HUBZone contract during the 12-month period preceding its recertification must represent that, at the time of its recertification, it is attempting to maintain compliance with the 35% HUBZone residency requirement and the concern's principal office is located in a HUBZone.

(2) The concern's recertification must be submitted in the 90 calendar days before the triennial anniversary of its HUBZone certification date.

(3) If a concern fails to recertify, SBA will decertify the concern at the end of its eligibility period. However, if a concern is able to recertify its eligibility within 30 days of the end of its eligibility period, SBA will reinstate the firm as a certified HUBZone small business concern.

(4) For a certified HUBZone small business concern that is also a certified WOSB or SDVOSB, the firm may have to recertify less than three years after its previous recertification in order to align certification date.

(b) Program examinations. SBA will conduct a program examination of each certified HUBZone small business concern at least once every three years to ensure continued program eligibility, but may conduct more frequent program examinations using a risk-based analysis to select which concerns are examined.

[89 FR 102501, Dec. 17, 2024]

Notes of Decisions

Cited in 3 cases, 2010–2016 · leading case: Diversified Maint. Sys., Inc. v. United States, 93 Fed. Cl. 794 (Fed. Cl. 2010).

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Diversified Maint. Sys., Inc. v. United States, 93 Fed. Cl. 794 (Fed. Cl. 2010). “Under SBA regulation, 13 C.F.R. § 126.500 , a small business concern seeking to maintain its HUBZone status must recertify its continued eligibility to SBA every three years.”

Dorado Servs., Inc. v. United States, 128 Fed. Cl. 375 (Fed. Cl. 2016). “13 C.F.R. § 126.500 . At oral argument, counsel for Dorado indicated that the company last recertified sometime in 2015.”

Mission Critical Solutions v. United States, 96 Fed. Cl. 657 (Fed. Cl. 2011). “13 C.F.R. § 126.500 provides, "Any qualified HUBZone SBC seeking to remain on the List must recertify every three years to SBA that it remains a qualified HUBZone SBC (See § 126.”

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