19.309
Solicitation provisions and contract clauses
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.