Section 58.303. Self-certification of eligible small businesses

(a) Online self-certification for small businesses. To participate in the SBPI and the Small Diverse Business Program, small businesses shall self-certify through an online application process outlined at www.smallbusiness.pa.gov. The SBPI enables eligible small businesses to compete for prime contracting opportunities with the Commonwealth against other eligible small businesses. Upon successful completion of the SBPI self-certification process, the small business will be issued a certificate. The self-certification will remain in effect for 1 year. The small business shall recertify on an annual basis to maintain its status as a self-certified small business.

(b) Eligibility requirements.

(1) A small business shall meet the following requirements to participate in the SBPI:

(i) The business shall be a for-profit United States business that is independently owned.

(ii) The business may not be dominant in its field of operation nor a subsidiary of another business.

(iii) The business may not employ more than 100 full-time equivalent employees.

(iv) The business shall earn less than the amounts designated by the Department, that is, $20 million in gross annual revenues ($25 million in gross annual revenues for those businesses in the information technology sales or information technology service business and $7 million in gross annual revenues for those businesses performing building design services).

(2) The Department reserves the right to alter revenue limits. Changes will appear in the Department’s guidelines at www.smallbusiness.pa.gov.

(c) Limitation. The Department’s self-certification process as set forth in this section is limited to small business status and should not be construed as an endorsement of the small business expertise.

(d) Program auditing. The Department reserves the right to audit small business status either randomly or based on allegations of noneligibility. An applicant providing false information to the Commonwealth in connection with self-certification or as part of the bidding process is subject to debarment or suspension, exclusion from the SBPI, a determination that the bidder is not responsible under the Contractor Responsibility Program and criminal prosecution or other legal action.

The provisions of this § 58.303 amended March 29, 2013, effective March 30, 2013, 43 Pa.B. 1731. Immediately preceding text appears at serial pages (363879) to (363880).

Notation

Cross References

This section cited in 4 Pa. Code § 58.304 (relating to verification of Small Diverse Businesses).