FAR 19.814—Requesting a formal size determination (8(a) sole source requirements).
Plain-English Summary
FAR 19.814 explains how the government and an 8(a) participant can obtain a formal SBA size determination when the participant’s size status is questioned in connection with an 8(a) sole source award. It covers who may request the determination, the specific SBA officials authorized to make the request, the SBA office that issues the decision, the expected timing for that decision, and how any appeal is handled. In practice, this section is a safeguard against awarding an 8(a) sole source contract to a firm that may no longer qualify as small under the applicable size standard. It also helps contracting officers, SBA officials, and contractors resolve size disputes quickly enough to avoid unnecessary delay in the award process. The section is narrow but important because it ties directly to eligibility for sole source 8(a) awards and to the integrity of the 8(a) program.
Key Rules
Size status may be challenged
If the size status of the nominated 8(a) participant is called into question, the matter can be referred for a formal SBA size determination. This applies specifically in the context of an 8(a) sole source contract award.
Limited list of requesters
Only certain parties may submit the request: the nominated 8(a) participant, the delegated contracting officer or SBA program official with contract execution authority, the SBA District Director or Associate Administrator for Business Development, or the SBA Inspector General. Requests outside these channels are not the mechanism contemplated by this section.
SBA issues the formal determination
The SBA Government Contracting Area Director is responsible for issuing the formal size determination. The regulation states this should occur within 15 business days if possible after SBA receives the request.
Timing is goal-oriented, not absolute
The 15-business-day period is an expected timeframe rather than a hard deadline. SBA should act quickly, but the phrase 'if possible' recognizes that some cases may require more time.
Appeals follow SBA size appeal rules
Any appeal of the size determination must follow the procedures in FAR 19.302. This means the appeal process is not handled under a separate 19.814 procedure but under the established SBA size appeal framework.
Responsibilities
8(a) Participant
If its size status is questioned in connection with a sole source 8(a) award, the participant may request a formal SBA size determination to confirm eligibility for the award.
Contracting Officer
Where the contracting officer has been delegated SBA’s 8(a) contract execution functions, the officer may request a formal size determination when the participant’s size status is in doubt.
SBA Program Official with Contract Execution Authority
When SBA retains or delegates the authority to execute the 8(a) contract, the responsible SBA program official may submit the request for a formal size determination.
SBA District Director
The District Director serving the 8(a) participant may request a formal size determination when the participant’s size status is questioned.
Associate Administrator for Business Development
This SBA official may request a formal size determination in appropriate cases involving a questioned 8(a) participant’s size status.
SBA Inspector General
The Inspector General may initiate a request for a formal size determination when concerns arise about the participant’s size status.
SBA Government Contracting Area Director
The Area Director must issue the formal size determination, ideally within 15 business days after SBA receives the request.
Appealing Party
Any party seeking review of the size determination must use the appeal procedures in FAR 19.302.
Practical Implications
This section is a gatekeeping tool for 8(a) sole source awards: if size status is uncertain, the award should not proceed casually without resolving eligibility.
Contracting officers should identify and elevate size concerns early, because a pending size question can delay award and create schedule risk.
The list of authorized requesters is important; if the wrong office or person tries to trigger the determination, the process may stall.
The 15-business-day target helps set expectations, but agencies and contractors should plan for possible delays because SBA is only required to act that quickly 'if possible.'
If a size determination is adverse, the appeal path is not ad hoc; parties must use the established FAR 19.302 procedures, so missing those procedural requirements can forfeit review opportunities.
Official Regulatory Text
(a) If the size status of an 8(a) participant nominated for award of an 8(a) sole source contract is called into question, a request for a formal size determination may be submitted to SBA pursuant to 13 CFR 121.1001(b)(2)(ii) by- (1) The 8(a) participant nominated for award of the particular sole source contract; (2) The contracting officer who has been delegated SBA’s 8(a) contract execution functions, where applicable, or the SBA program official with authority to execute the 8(a) contract; (3) The SBA District Director in the district office that services the 8(a) participant or the Associate Administrator for Business Development; or (4) The SBA Inspector General. (b) SBA’s Government Contracting Area Director will issue a formal size determination within 15 business days, if possible, after SBA receives the request for a formal size determination. (c) An appeal of an SBA size determination shall follow the procedures at 19.302 .