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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: Provides size information relevant to recertification.
  • 13 CFR 121.410 What are the size standards for SBA's Section 8(d) Subcontracting Program: Provides self-certification of size status information.
  • 13 CFR 121.411 What are the size procedures for SBA's Section 8(d) Subcontracting Program:
  • FAR 19.7 The Small Business Subcontracting Program: This regulation enforces the federal government’s Subcontracting Program, and includes policies and processes such as:
    • FAR 19.704 Subcontracting plan requirements: This details 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 details the policy and processes that enforces the pre-award and post-award role of the contracting officers, SBA’s PCR and the other than small business.
    • FAR 19.706 Responsibilities of the cognizant administrative contracting officer: This details the policy and processes that enforces the pre-award and post-award role of the contracting officers and the contractor.
  • FAR 52.219-9 Small Business Subcontracting Plan: This contract clause identifies the policy and processes of the subcontracting plans, including flow down requirements.
  • FAR 52.219-8 Utilization of Small Business Concerns: This details the policy and processes that enforces usage and payments of small businesses.
  • FAR 52.244-6 Subcontracts for Commercial Items
  • FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items