SDBs can self-certify
But beware of penalties for misrepresentation
Under the direct final rule of May 8, Small Disadvantaged Businesses may self-certify as such to be eligible for benefits under federal subcontracting programs.
“A firm may represent that it qualifies as an SDB for any Federal subcontracting program if it believes in good faith that it is owned and controlled by one or more socially and economically disadvantaged individuals,” the rule states.
To self-certify as an SDB, the SDB owners must meet the same criteria as in the 8(A) program. But they do not need to go through a certification process like 8(a)s do.
However, the penalties for misrepresentation are serious, including potentially a fine of up to $500,000 or imprisonment for up to 10 years, or both, among other penalties, the rule states.
More information:
Direct Final Rule: https://bit.ly/2Y1zls3
SmallGovCon blog entry: https://bit.ly/37ySZP1