Postaward Small Business Program Rerepresentation
Contractors must promptly rerepresent their small business status after key postaward events or at specified intervals to ensure continued compliance and eligibility for small business programs.
Overview
FAR 52.219-28 requires contractors who previously represented themselves as small businesses to rerepresent their size and socioeconomic status at specific postaward events, such as mergers, acquisitions, novation agreements, or at certain intervals in long-term contracts. The clause ensures that the government has accurate, up-to-date information about a contractor’s small business status for ongoing contract administration and reporting. Rerepresentation is also required for certain orders under multiple-award contracts and when explicitly requested by the contracting officer. Contractors must update their status in the System for Award Management (SAM) or, if not registered, submit a written rerepresentation to the contracting office. The clause details the timing, process, and documentation required for compliance, including special provisions for joint ventures and various small business categories.
Key Rules
- Trigger Events for Rerepresentation
- Contractors must rerepresent their size and status within 30 days of a novation, merger, or acquisition, and at specified intervals for long-term contracts (5+ years).
- Orders Under Multiple-Award Contracts
- Rerepresentation is required for certain orders, especially those set aside for specific small business categories or when required by the contracting officer.
- Size Standard Application
- Contractors must use the size standard in effect at the time of rerepresentation for the relevant NAICS code(s).
- SAM Updates and Notifications
- Contractors must validate or update their SAM representations and notify the contracting officer within the required timeframe.
- Written Rerepresentation (if not in SAM)
- If not registered in SAM, contractors must submit a written rerepresentation with detailed status information for all applicable small business categories.
- Special Rules for Nonmanufacturers and IT VARs
- Specific employee thresholds apply for nonmanufacturers and IT value-added resellers.
Responsibilities
- Contracting Officers: Must ensure the clause is included in applicable contracts and verify contractor compliance with rerepresentation requirements.
- Contractors: Must monitor for trigger events, update their status in SAM or submit written rerepresentations, and notify the contracting officer as required.
- Agencies: Oversee compliance and maintain accurate records for reporting and contract administration.
Practical Implications
- This clause ensures the government maintains accurate small business status data for contract administration, reporting, and set-aside eligibility.
- Contractors risk noncompliance if they fail to rerepresent timely or accurately, potentially affecting contract eligibility and future awards.
- Common pitfalls include missing trigger events, failing to update SAM, or incomplete written rerepresentations.