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At what point is an offeror's size standard determined?


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At what point does one determine size standard for an offeror for a Small Business Set Aside award? FAR 19.805-2(B) states “The SBA will determine the eligibility of the firm for award of the contract. Eligibility will be determined by the SBA as of the time of submission of the initial offers which include price.” However, this section is for Competitive 8a awards and mine is a SB set-aside with no other socioeconomic consideration. It appears that the apparently successful offeror for my procurement has been acquired by a large business after submission of the proposal. The apparently successful offeror did self certify as a SB at the time of submitting its initial offer.

I was able to find this Federal Register posting from SBA stating the following (see in red below), but have not been able to find the final ruling:


Next, the SBA proposes to amend Sec. 121.404, which addresses when the size status of a small business concern is determined. In order to provide certainty in the procurement process, SBA's regulations require that size generally be determined at one specific point in time--size is determined as of the date a business concern self-certifies its size status as part of its initial offer including price. When a business represents that it is small, it is then considered small for the life of that specific contract, and the concern is not required to again certify that it qualifies as small for that contract unless the contract is a long term contract (i.e., the contract exceeds five years) or there is a merger, acquisition, or novation. If the contract is greater than five years, then the contractor must recertify its small business size status no more than 120 days prior to the end of the fifth year of the contract or prior to exercising any option thereafter. Similarly, a contractor must also recertify its size status whenever there has been a contract novation, or merger or acquisition and no novation has been required.

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