FAR 52.219-28 — Post-Award Small Business Program Rerepresentation
Requires contractors to rerepresent their small business size status at multiple post-award checkpoints, including option exercises, novations, mergers, and the 5-year anniversary of long-term contracts.
When This Clause Applies
Applies to all contracts containing FAR clause 52.219-1 where the contractor represented as a small business at award. Triggers include option exercise, novation, merger/acquisition, and 5th-year anniversary on contracts with terms longer than 5 years.
What This Means for Contractors
Contractors must update their SAM.gov representations and notify the contracting officer within 30 days of triggering events. Outgrowing the size standard does not automatically terminate the contract, but the agency loses small business credit for future obligations and may not be able to exercise small-business-set-aside options.
Common Pitfalls
- 1Forgetting to rerepresent at year 5 of long-term contracts
- 2Not updating SAM.gov representations promptly after a merger
- 3Failing to notify the CO in writing within 30 days
- 4Assuming a 'no longer small' rerepresentation terminates the contract
Related Topics
Related Clauses
Small Business Program Representations
Requires offerors to represent their small business status, including socioeconomic categories (HUBZone, SDVOSB, WOSB, EDWOSB, 8(a)) for the NAICS code applicable to the solicitation.
Small Business Subcontracting Plan
Requires large business primes (other-than-small) to submit and maintain a Small Business Subcontracting Plan setting specific small business participation goals on contracts above the simplified acquisition threshold.
Continue Your Research
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VA Procurement Guide
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