19.301-3 Rerepresentation by a contractor that represented itself as other than a small business concern
Source: FAR 19.301-3 on acquisition.gov
Contractors that previously identified as other than small may voluntarily rerepresent as small if a triggering event occurs and they now meet the size standard.
Overview
FAR 19.301-3 addresses the circumstances under which a contractor that previously identified itself as other than a small business (i.e., as a large business) may choose to rerepresent its size status as a small business. This rerepresentation is optional and only permitted if two conditions are met: (1) the specific triggering events outlined in FAR 19.301-2(b) occur (such as contract novation, merger, acquisition, or modification), and (2) the contractor now qualifies as a small business under the current size standard at the time of rerepresentation. This provision allows businesses that have changed in size to potentially benefit from small business status for ongoing contracts, but does not mandate such action.
Key Rules
- Optional Rerepresentation
- Contractors previously self-identified as other than small may choose, but are not required, to rerepresent as small if certain conditions are met.
- Triggering Events
- Rerepresentation is only allowed if the events in FAR 19.301-2(b) (e.g., novation, merger, acquisition, or contract modification) occur.
- Current Size Standard
- The contractor must meet the applicable small business size standard at the time of rerepresentation.
Responsibilities
- Contracting Officers: Must recognize and process voluntary rerepresentations if submitted under the correct conditions.
- Contractors: May opt to rerepresent as small if eligible, but are not obligated to do so.
- Agencies: Should ensure proper documentation and compliance with size status changes.
Practical Implications
- This section provides flexibility for businesses that have become small after contract award to update their status, potentially accessing small business benefits.
- Contractors should carefully assess eligibility and timing before choosing to rerepresent.
- Failure to follow the correct process or misrepresenting status can lead to compliance issues.
A contractor that represented itself as other than small before contract award may, but is not required to, rerepresent its size status when-
(a) The conditions in 19.301-2(b) apply; and
(b) The contractor qualifies as a small business concern under the applicable size standard in effect at the time of its rerepresentation.