Season 11: Episode 13: FAR Facts

Hello and thank you for joining us for Episode 12 of Fun with the FAR Season 11! In our next session, we will cover FAR Part 19 (Small Business Methods) and FAR Part 26 (Other Socioeconomic Programs).  As we prepare for our 13th episode of Season 11, here are a few Episode 13 FAR Facts for us to think about:

  • Depending upon its industry and North American Industry Classification System (NAICS) code, a business status as a small business will be based upon either (i) number of employees or (ii) amount of “annual receipts.” 13 CFR 121.
  • Except for FAR 19.6 (Certificates of Competency), the rest of FAR Part 19 only applies to work performed in the United States or its outlying FAR 19.6 applies world-wide. FAR 19.000.
  • A CO shall accept an offeror’s representation that it is a small business unless another offeror or interested party challenges the concern’s small business representation. FAR 19.301-1. A prime contractor may accept in good faith a subcontractor’s representation that it is a small business unless there is evidence to suggest otherwise. FAR 19.703(a).
  • The Small Business Administration has sole jurisdiction to hear small business size status protests. FAR 19.302.
  • The CO must promptly forward a protest (timely or not) or his/her own protest to the SBA Government Contracting Area Office for the geographical area where the principal office of the concern in question is located. FAR 19.302(c)(1).
  • The regulations governing the SBA 8(a) program can be found at 13 CFR 124.
  • When awarding emergency response contracts during the term of a major disaster or emergency declaration, preference shall be given, to the extent feasible and practicable, to local firms. FAR 26.202.
  • An executive agency and any contractor making food donations to a non-profit organization shall be exempt from civil and criminal liability to the extent provided under the Bill Emerson Good Samaritan Food Donation Act. FAR 26.404 and FAR 52.226-6.
  • The current and prior versions of the FAR can be found online at acquisition.gov

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