(a) The contracting officer may accept an offeror’s representation that it is a small disadvantaged business concern (SDB) concern.

(b) The provision at 52.219-1, Small Business Program Representations, or 52.212-3(c)(4), Offeror Representations and Certifications—Commercial Products and Commercial Services, is used to collect SDB data.

(c) A representation of SDB status on a Federal prime contract will be deemed a misrepresentation of SDB status if the firm does not meet the requirements of 13 CFR 124.1001.

(d) Any person or entity that misrepresents a firm’s status as an SDB concern in order to obtain a contracting opportunity in accordance with section 8(d) of the Small Business Act, (15 U.S.C. § 637(d)) will be subject to the penalties imposed by section 16(d) of the Small Business Act, (15 U.S.C. § 645(d)), as well as any other penalty authorized by law.

[79 FR 61750, Oct. 14, 2014, as amended at 86 FR 61027, Nov. 4, 2021; 88 FR 53752, Aug. 8, 2023]