Regulations

The Subcontracting Program has established guidance for both the government and the contractor to ensure compliance with the Small Business Act.  This guidance is spelled out in the Code of Federal Regulations (CFR), the Federal Acquisition Regulations (FAR) and Federal Agency supplements. 

The regulation full text is available at the electronic Code of Federal Regulations (eCFR) and can be accessed at http://www.ecfr.gov/ and the electronic Federal Acquisition Regulations (eFAR) at https://www.acquisition.gov/.

Below is a listing of the most utilized Subcontracting Program CFR and FAR regulations: 

  • 13 CFR 125.3 What types of subcontracting assistance are available to small businesses:  Provides information on subcontract exclusions and roles and responsibilities.
  • 13 CFR 121.404 When is the size status of a business concern determined: This is Size information relevant to recertification.
  • 13 CFR 121.410 What are the size standards for SBA's Section 8(d) Subcontracting Program: Self Certification of size status information relevant to the program.
  • 13 CFR 121.411 What are the size procedures for SBA's Section 8(d) Subcontracting Program: Size information relevant to the program
  • FAR 19.7 The Small Business Subcontracting Program: Under this regulation you will find various policies and processes that enforces the federal government’s subcontracting program such as:
  • FAR 19.704 Subcontracting plan requirements: This is the policy and processes that enforces the requirements of the subcontracting plan.
  • FAR 19.705 Responsibilities of the contracting officer under the Subcontracting Program: This is the policy and processes that enforces the pre and post role of the contracting officers and the large business.
  • FAR 19.706 Responsibilities of the cognizant administrative contracting officer: This is the policy and processes that enforces the pre and post role of the contracting officers and the contractor.
  • FAR 52.219-9 Small business subcontracting plan: This is the contract clause that enforces the policy and processes of the subcontracting plans amongst other regulations such as flow down.
  • FAR 52.219-8 Utilization of Small Business Concerns: This is the policy and processes that enforces utilization and payments of SBs.