Class Deviation 2009-O0009
Small Disadvantaged Business Certification for Subcontractors

Effective immediately, contracting officers are authorized to use the attached deviations from the Federal Acquisition Regulation (FAR)-

  • 19.703, “Eligibility requirements for participating in the program” (Attachment 1);
  • Paragraph (C) of FAR clause 52.219-8, "Utilization of Small Business Concerns" (Attachment 2); and
  • Paragraph (a) of FAR 52.219-25, "Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting" (Attachment 3).

A class deviation is necessary to implement changes to the requirement for Small Disadvantaged Business (SDB) certifications. On October 3. 20 Administration (SBA) published an Interim Final Rule in the Federal Register (73 FR 57490), which eliminates the requirement for SBA SDB certification for subcontractors, Prime contractors may now rely on the written representation of subcontractors regarding SDB status.

To be consistent with the SBA's current regulation and to alleviate any adverse impact to the SDB subcontracting goal for DoD prime contractors, contracting officers will deviate from the FAR by following the revised guidance and substituting the attached clauses. Contracting officers may modify existing solicitations and contracts in accordance with FAR 1,108(d).

This deviation remains in effect until incorporated in the FAR or otherwise rescinded.

Effective Date: November 19, 2009 (13 years ago)
Expire Date: None Given
Incorporated: December 13, 2010 (12 years ago)
Official Documents: Memo
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