19.202-5 Data collection and reporting requirements
Source: FAR 19.202-5 on acquisition.gov
Agencies must collect, track, and report accurate data on small business participation in federal contracts, requiring contractors to represent and, when necessary, rerepresent their business status.
Overview
FAR 19.202-5 establishes requirements for agencies to collect and report data on small business participation in federal acquisition programs. The regulation mandates that agencies obtain representations from prospective contractors regarding their small business status and accurately track and report the total value of contracts awarded to various small business categories each fiscal year. Additionally, it outlines procedures for rerepresentation of size and socioeconomic status when certain contract clauses are triggered, ensuring that data remains current throughout the contract lifecycle.
Key Rules
- Small Business Representation
- Agencies must require prospective contractors to declare their small business status, including specific subcategories such as veteran-owned, HUBZone, and women-owned small businesses.
- Measurement and Reporting
- Agencies are responsible for measuring and reporting the total value of contracts awarded to small businesses annually, submitting this data to the SBA.
- Rerepresentation Requirements
- When the contract includes the 52.219-28 clause and rerepresentation conditions are met, contractors must update their size and socioeconomic status, or may do so if previously represented as other than small.
Responsibilities
- Contracting Officers: Must ensure contractors provide accurate representations, track contract awards by business type, and report data to the SBA.
- Contractors: Must accurately represent their business status and update it as required by contract clauses.
- Agencies: Must oversee data collection, ensure compliance, and submit annual reports to the SBA.
Practical Implications
- This section ensures transparency and accountability in small business participation in federal contracting.
- Accurate data collection supports agency goals and SBA oversight.
- Failure to comply can result in inaccurate reporting, affecting both agency performance metrics and contractor eligibility.
Agencies shall measure the extent of small business participation in their acquisition programs by taking the following actions:
(a) Require each prospective contractor to represent whether it is a small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, women-owned small business, EDWOSB concern, or WOSB concern eligible under the WOSB Program (see the provision at 52.219-1, Small Business Program Representations).
(b) Accurately measure the extent of participation by small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns in Government acquisitions in terms of the total value of contracts placed during each fiscal year, and report data to the SBA at the end of each fiscal year (see subpart 4.6).
(c) When the contract includes the clause at 52.219-28, Postaward Small Business Program Rerepresentation, and the conditions in the clause for rerepresenting are met—
(1) Require a contractor that represented itself as any of the small business concerns identified in 19.000(a)(3) prior to award of the contract to rerepresent its size and socioeconomic status (i.e., 8(a), small disadvantaged business, HUBZone small business, service-disabled veteran-owned small business, EDWOSB, or WOSB status); and
(2) Permit a contractor that represented itself as other than a small business concern prior to award to rerepresent its size status.