19.309 Solicitation provisions and contract clauses
Source: FAR 19.309 on acquisition.gov
FAR 19.309 requires specific small business representation and rerepresentation clauses in solicitations and contracts over the micro-purchase threshold, with special rules for certain agencies and multiple-award contracts.
Overview
FAR 19.309 prescribes the use of specific solicitation provisions and contract clauses to ensure proper representation and compliance with small business program requirements. It mandates the inclusion of certain FAR clauses in solicitations and contracts that exceed the micro-purchase threshold, particularly for contracts performed in the United States or its outlying areas. The section also provides guidance on when to use alternate versions of these provisions, especially for Department of Defense (DoD), NASA, Coast Guard, and for multiple-award contracts with more than one NAICS code, including future requirements effective after October 1, 2028.
Key Rules
- Small Business Program Representations (52.219-1)
- Must be included in solicitations over the micro-purchase threshold for U.S. supply or service contracts, with alternates for DoD/NASA/Coast Guard and for multiple-award contracts with multiple NAICS codes (post-2028).
- Equal Low Bids (52.219-2)
- Required in sealed bidding solicitations for U.S. supply or service contracts over the micro-purchase threshold.
- Postaward Small Business Program Rerepresentation (52.219-28)
- Must be included in solicitations and contracts over the micro-purchase threshold, with an alternate for multiple-award contracts with multiple NAICS codes (post-2028).
Responsibilities
- Contracting Officers: Ensure the correct provisions and clauses (and alternates) are included in applicable solicitations and contracts.
- Contractors: Accurately complete representations and comply with postaward rerepresentation requirements.
- Agencies: Oversee compliance and update solicitation templates as required by regulation changes.
Practical Implications
- Ensures small business status is properly represented and maintained throughout the contract lifecycle.
- Failure to include or comply with these provisions can result in noncompliance, affecting contract eligibility and award decisions.
- Contractors must be aware of which representations and rerepresentations are required and when alternates apply, especially for future solicitations involving multiple NAICS codes.
(a)
(1) Insert the provision at 52.219-1, Small Business Program Representations, in solicitations exceeding the micro-purchase threshold when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied this part in accordance with 19.000(b)(1)(ii).
(2) Use the provision with its Alternate I in solicitations issued by DoD, NASA, or the Coast Guard.
(3) Use the provision with its Alternate II in solicitations that will result in a multiple-award contract with more than one NAICS code assigned. This is authorized for solicitations issued after October 1, 2028 (see 19.102(b)).
(b) When contracting by sealed bidding, insert the provision at 52.219-2, Equal Low Bids, in solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied this part in accordance with 19.000(b)(1)(ii).
(c)
(1) Insert the clause at 52.219-28, Postaward Small Business Program Rerepresentation, in solicitations and contracts exceeding the micro-purchase threshold when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied this part in accordance with 19.000(b)(1)(ii).
(2) Use the clause with its Alternate I in solicitations and the resulting multiple-award contracts with more than one NAICS code. This is authorized for solicitations issued after October 1, 2028 (see 19.102(b)).