Representations and rerepresentations
FAR 19.301 requires contractors to accurately represent and, when necessary, rerepresent their business size and status to ensure compliance with small business program requirements throughout the contract lifecycle.
Overview
FAR 19.301 addresses the requirements for offerors and contractors to represent and, when necessary, rerepresent their business size and status in relation to small business programs. This section ensures that the government has accurate and current information about a contractor’s small business status throughout the life of a contract, which is critical for compliance with small business set-aside requirements and reporting. The section is divided into three main parts: initial representation by offerors, rerepresentation by contractors who previously identified as small businesses, and rerepresentation by those who identified as other than small businesses. These requirements help agencies maintain accurate records for small business program eligibility and reporting, and ensure that contractors are properly classified for the purposes of contract performance and subcontracting goals.
Key Rules
- Representation by the Offeror (19.301-1)
- Offerors must accurately represent their business size and status at the time of offer submission.
- Rerepresentation by Small Business Contractors (19.301-2)
- Contractors who originally represented themselves as small businesses must rerepresent their status at certain points, such as contract novation, merger, acquisition, or when specifically required by the contracting officer.
- Rerepresentation by Other than Small Business Contractors (19.301-3)
- Contractors who originally represented themselves as other than small businesses may also be required to rerepresent their status under similar circumstances.
Responsibilities
- Contracting Officers: Must ensure that representations and rerepresentations are obtained and properly documented.
- Contractors: Must provide accurate and timely representations and rerepresentations of their business size and status.
- Agencies: Must use this information for small business program compliance and reporting.
Practical Implications
- This section ensures the integrity of small business contracting programs by requiring up-to-date status information.
- Contractors must be vigilant about changes in their business structure or ownership that could affect their size status.
- Failure to comply can result in loss of eligibility for small business set-asides or other program benefits.