52.219-8 Utilization of Small Business

Concerns.

As prescribed in 19.708(a), insert the following clause:

Utilization of Small Business Concerns (Feb 2024)

(a) Definitions. As used in this contract—

HUBZone small business concern means a small business concern that meets the requirements

described in 13 CFR 126.200, certified by the Small Business Administration (SBA) and designated

by SBA as a HUBZone small business concern in the Dynamic Small Business Search (DSBS) and

SAM.

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern—

(1)

(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled

veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of

which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more servicedisabled veterans or, in the case of a service-disabled veteran with permanent and severe disability,

the spouse or permanent caregiver of such veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part

128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran, as defined in 38

U.S.C.101(2), with a disability that is service-connected, as defined in 38 U.S.C.101(16), and who is

registered in the Beneficiary Identification and Records Locator Subsystem, or successor system

that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a

service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB

Program means an SDVOSB concern that—

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified

by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for

certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes

contracting officers to limit competition, including award on a sole-source basis, to SDVOSB

concerns eligible under the SDVOSB Program.

Small business concern means a concern, including its affiliates, that is independently owned and
operated, not dominant in its field of operation and qualified as a small business under the criteria

and size standards in 13 CFR part 121, including the size standard that corresponds to the NAICS

code assigned to the contrac t or subcontract.

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business

concern under the size standard applicable to the acquisition, that-

(1) Is at least 51 percent of which is owned and controlled (as defined at 13 CFR 124.105) by-

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically

disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at

13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR

124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR

124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Veteran-owned small business concern means a small business concern-

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38

U.S.C.101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of

which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business concern means a small business concern-

(1) That is at least 51 percent owned by one or more women, or, in the case of any publicly owned

business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b) It is the policy of the United States that small business concerns, veteran-owned small business

concerns, service-disabled veteran-owned small business concerns, HUBZone small business

concerns, small disadvantaged business concerns, and women-owned small business concerns shall

have the maximum practicable opportunity to participate in performing contracts let by any Federal

agency, including contracts and subcontracts for subsystems, assemblies, components, and related

services for major systems. It is further the policy of the United States that its prime contractors

establish procedures to ensure the timely payment of amounts due pursuant to the terms of their

subcontracts with small business concerns, veteran-owned small business concerns, service-disabled

veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged

business concerns, and women-owned small business concerns.

(c)

(1) A joint venture qualifies as a small business concern if—

(i) Each party to the joint venture qualifies as small under the size standard for the solicitation; or

(ii) The protégé is small under the size standard for the solicitation in a joint venture comprised of a

mentor and protégé with an approved mentor-protégé agreement under a SBA mentor-protégé
program. (See 13 CFR 125.9(d).)”; and

(2) A joint venture qualifies as a HUBZone small business concern if it complies with the

requirements in 13 CFR 126.616(a) through (c).

(d) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the

fullest extent consistent with efficient contract performance. The Contractor further agrees to

cooperate in any studies or surveys as may be conducted by the United States Small Business

Administration or the awarding agency of the United States as may be necessary to determine the

extent of the Contractor's compliance with this clause.

(e)

(1) The Contractor may accept a subcontractor's written representations of its size and

socioeconomic status as a small business, small disadvantaged business, veteran-owned small

business, service-disabled veteran-owned small business, or a women-owned small business if the

subcontractor represents that the size and socioeconomic status representations with its offer are

current, accurate, and complete as of the date of the offer for the subcontract.

(2) The Contractor may accept a subcontractor's representations of its size and socioeconomic status

as a small business, small disadvantaged business, veteran-owned small business, service-disabled

veteran-owned small business, or a women-owned small business in the System for Award

Management (SAM) if–

(i) The subcontractor is registered in SAM; and

(ii) The subcontractor represents that the size and socioeconomic status representations made in

SAM are current, accurate and complete as of the date of the offer for the subcontract.

(3) The Contractor may not require the use of SAM for the purposes of representing size or

socioeconomic status in connection with a subcontract.

(4) In accordance with 13 CFR 121.411, 126.900, 127.700, and 128.600, a contractor acting in good

faith is not liable for misrepresentations made by its subcontractors regarding the subcontractor's

size or socioeconomic status.

(5) The Contractor shall confirm that a subcontractor representing itself as a HUBZone small

business concern is certified by SBA as a HUBZone small business concern by accessing SAM or by

accessing DSBS at https://web.sba.gov/pro-net/search/dsp_dsbs.cfm. If the subcontractor is a joint

venture, the Contractor shall confirm that at least one party to the joint venture is certified by SBA

as a HUBZone small business concern. The Contractor may confirm the representation by accessing

SAM.

(End of clause)

Parent topic: 52.219 [Reserved]