FAR 19.3—Subpart 19.3

Representations and rerepresentations.

Protesting a small business representation or rerepresentation.

FAR 19.302 explains how a small business size protest or rerepresentation protest is raised, processed, and decided for a specific procurement. It covers who may protest, when a contracting officer may question an offeror’s size, how protests must be forwarded to SBA, what evidence and referral information must accompany the protest, and the timeliness rules for sealed bids, negotiated acquisitions, set-asides, multiple-award contracts, and Federal Supply Schedule orders. It also addresses SBA’s notice procedures, the 15-business-day size determination timeline, award restrictions while a protest is pending, and the effect of an SBA Office of Hearings and Appeals reversal. In practice, this section is the operating rulebook for challenging a bidder’s or offeror’s small business status and for deciding whether award can proceed while the challenge is unresolved. It matters because size status can determine eligibility for set-asides, 8(a) awards, and other small business programs, and a missed deadline or incomplete protest can end the challenge before SBA reaches the merits.

[Reserved].

Small disadvantaged business status.

FAR 19.304 explains how small disadvantaged business (SDB) status is handled in federal contracting representations and what happens if that status is falsely claimed. It covers four main topics: the contracting officer’s ability to accept an offeror’s self-representation of SDB status, the use of the standard representation provisions at FAR 52.219-1 and FAR 52.212-3(c)(5) to collect SDB data, when an SDB representation on a Federal prime contract is treated as a misrepresentation, and the penalties for knowingly misrepresenting SDB status to obtain a contracting opportunity under section 8(d) of the Small Business Act. In practice, this section is about how agencies gather SDB information, how offerors certify their status, and the legal consequences if a firm claims SDB status without meeting the applicable regulatory requirements. It matters because SDB status can affect eligibility, evaluation, and program participation, so inaccurate representations can distort competition and trigger serious civil and other penalties. The section also ties FAR practice to the SBA’s size and status rules in 13 CFR 124.1001, making compliance with SBA definitions essential. For contractors, the key takeaway is that SDB status is not just a label on a form; it must be supportable under the governing regulations. For contracting officers, the section provides the basic framework for collecting and relying on SDB representations while recognizing the consequences of false claims.

Reviews of SDB status.

FAR 19.305 explains how the government reviews a firm’s small disadvantaged business (SDB) status when that firm has represented itself as an SDB on a prime contract or subcontract. It covers when the Small Business Administration (SBA) may start a review, what kind of information can trigger that review, where requests for review may be sent within SBA, and how an SDB status review differs from a formal protest. The section also points readers to the separate protest procedures that apply to a concern’s size as a prime contractor and as a subcontractor, making clear that SDB status review is not the same as a size protest. In practice, this section matters because an SDB representation can affect eligibility for set-asides, evaluation preferences, subcontracting opportunities, and compliance risk. Contracting officers, prime contractors, and subcontractors should understand that credible information can prompt SBA scrutiny and that the correct procedural path depends on whether the issue involves SDB status or size status, and whether the firm is acting as a prime or subcontractor.

Protesting a firm’s status as a HUBZone small business concern.

FAR 19.306 explains how to challenge a firm’s claimed HUBZone small business status and how those protests are handled during a procurement. It covers who may protest, when a protest may be filed, what the protest must say, how HUBZone protests interact with small business size protests, special rules for HUBZone joint ventures, where the protest must be submitted, what information the contracting officer must send to SBA, and what happens before SBA issues its decision. It also addresses protests in sole-source, set-aside, full-and-open with HUBZone price evaluation preference, and multiple-award contract order situations, including certain Federal Supply Schedule exceptions. In practice, this section is important because HUBZone status can affect eligibility for award, price evaluation, and set-aside/sole-source access, so a timely and properly supported protest can change the award outcome. It also makes clear that SBA—not the contracting officer—decides HUBZone status protests, and that unsupported allegations will not be enough. The section further highlights the need to separate HUBZone status protests from size protests, which follow different procedures even when both issues arise in the same acquisition.

Protesting a firm’s status as a service-disabled veteran-owned small business concern.

FAR 19.307 explains how to challenge a firm’s status as a service-disabled veteran-owned small business (SDVOSB) in federal procurements. It covers who may protest, when a protest is allowed, how SDVOSB status protests differ from small business size protests, what facts and evidence must be included, the special rules for protests involving ownership and control, ostensible subcontractor allegations, and joint ventures, and the filing deadlines for sealed bids, negotiated acquisitions, multiple-award contract orders, and blanket purchase agreements. It also addresses the limited circumstances in which the contracting officer, SBA, or VA may file a protest at any time, and it requires the contracting officer to forward protests to SBA’s Office of Hearings and Appeals with a referral letter containing key solicitation and award information. In practice, this section is the procedural gateway for disputing whether an apparently successful offeror is truly eligible for an SDVOSB award or set-aside, and it helps ensure those challenges are raised promptly, supported by specific facts, and routed to the proper forum. Contractors need to understand it to protect award eligibility and respond quickly to protests; contracting officers need it to avoid misrouting or untimely handling of protests; and agencies need it to preserve the integrity of SDVOSB set-asides and sole-source awards.

Protesting a firm’s status as an economically disadvantaged women-owned small business concern or women-owned small business concern eligible under the Women-Owned Small Business Program.

FAR 19.308 explains how a firm’s status as an economically disadvantaged women-owned small business (EDWOSB) or women-owned small business (WOSB) may be protested and decided under the WOSB Program. It covers who may protest, when protests may be filed, how protests must be submitted, what facts SBA will consider, how protests interact with small business size protests, and what the contracting officer must do while SBA reviews the protest. The section also addresses special timing rules for sealed bids, negotiated procurements, and certain orders under multiple-award contracts, including orders under Federal Supply Schedule contracts. In practice, this rule is important because WOSB/EDWOSB eligibility can affect set-aside and sole-source awards, and a timely, properly supported protest can stop or delay award until SBA resolves the issue. It also creates a clear division of labor between the protester, the contracting officer, and SBA, so agencies can protect procurement integrity while avoiding unsupported challenges. The section further highlights that protests must be specific and evidence-based, not just conclusory allegations, and that separate protests are required when both size and WOSB/EDWOSB status are challenged.

Solicitation provisions and contract clauses.

FAR 19.309 tells contracting officers when to include specific small business representation and rerepresentation provisions in solicitations and contracts. It covers three main topics: the Small Business Program Representations provision at 52.219-1, the Equal Low Bids provision at 52.219-2 for sealed bidding, and the Postaward Small Business Program Rerepresentation clause at 52.219-28. It also identifies when to use special alternates for DoD, NASA, and the Coast Guard, and when to use Alternate I for multiple-award contracts with more than one NAICS code. In practice, this section ensures the Government gets the small business status information it needs at the right time, supports proper award decisions, and preserves accurate small business data after award when contract circumstances change. It matters because failing to include the right provision or clause can affect competition, award administration, and small business program compliance.