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                            52.219-1_Alternate II
        
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FAC Number: 2024-03 Effective Date: 02/23/2024
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Subpart52.052.152.252.3
Section52.20052.20152.20252.20352.20452.20552.20652.20752.20852.20952.21052.21152.21252.21352.21452.21552.21652.21752.21852.21952.22052.22152.22252.22352.22452.22552.22652.22752.22852.22952.23052.23152.23252.23352.23452.23552.23652.23752.23852.23952.24052.24152.24252.24352.24452.24552.24652.24752.24852.24952.25052.25152.25252.253
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52.219-1 Small Business Program Representations.52.219-1 Small Business Program Representations.As prescribed in 19.309(a)(1), insert the following provision:Small             Business Program Representations (Feb             2024)                (a)                                      *Definitions*. As used in this provision-                *Economically disadvantaged women-owned small business                         (EDWOSB) concern*  means a small business concern                      that is at least 51 percent directly and unconditionally                      owned by, and the management and daily business operations                      of which are controlled by, one or more women who are                      citizens of the United States and who are economically                      disadvantaged in accordance with   13 CFR part 127,                      and the concern is certified by SBA or an approved                      third-party certifier in accordance with   13 CFR 127.300. It                      automatically qualifies as a women-owned small business                      concern eligible under the WOSB                      Program.                *Service-disabled veteran-owned small business (SDVOSB) concern* means a small business concern-(1)(i)  Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and(ii)  The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran or;(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart  19.14).(3)  *Service-disabled veteran*, as used in this definition, means a veteran as defined in   38 U.S.C.101(2), with a disability that is service-connected, as defined in   38 U.S.C.101(16), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.                 *Service-disabled veteran-owned                   small business (SDVOSB) concern eligible under the SDVOSB                   Program* means an SDVOSB concern                   that—(1)                                                        Effective January 1,                         2024, is designated in the System for Award Management                         (SAM) as certified by the Small Business Administration                         (SBA) in accordance with 13 CFR 128.300; or                                               (2)                                                        Has represented that                         it is an SDVOSB concern in SAM and submitted a complete                         application for certification to SBA on or before                         December 31, 2023.                                                      *Service-disabled veteran-owned                   small business (SDVOSB) Program* means a program that                   authorizes contracting officers to limit competition,                   including award on a sole-source basis, to SDVOSB concerns                   eligible under the SDVOSB                   Program.                *Small business concern*—(1)                                                                                                                                                                        Means                               a concern, including its affiliates, that is                               independently owned and operated, not dominant in                               its field of operation, and qualified as a small                               business under the criteria in   13 CFR part                                  121 and the size standard in paragraph                               (b) of this                               provision.                                               (2)                                                        *Affiliates*, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.                                                      *Small disadvantaged business concern*,                   consistent with                       13 CFR                   124.1001,                   means a small business concern under the size standard                   applicable to the acquisition, that-(1)                                                                                                                 Is at least 51 percent                         unconditionally and directly owned (as defined at 13 CFR 124.105) by-                                                        (i)                                                                                                                                         One or more socially                               disadvantaged (as defined at 13 CFR 124.103) and                               economically disadvantaged (as defined at 13 CFR 124.104) individuals                               who are citizens of the United States, and                                                           (ii)                                                                                                                                         Each individual                               claiming economic disadvantage has a net worth not                               exceeding the                               threshold at 13 CFR                               124.104(c)(2)                               after taking into account the applicable                               exclusions set forth at 13 CFR 124.104(c)(2);                               and                                                                           (2)                                                                                                                 The management and daily                         business operations of which are controlled (as defined                         at 13 CFR 124.106) by individuals                         who meet the criteria in paragraphs (1)(i) and (ii) of                         this definition.                                                      *Veteran-owned small business                   concern* means a small business concern-(1)                              Not less than 51 percent of                         which is owned by one or more veterans (as defined at   38 U.S.C.101(2)) or, in the                         case of any publicly owned business, not less than 51                         percent of the stock of which is owned by one or more                         veterans; and                                               (2)                              The management and daily                         business operations of which are controlled by one or                         more veterans.                                                      *Women-owned small business                   concern* means a small business concern-(1)                              That is at least 51 percent                         owned by one or more women; or, in the case of any                         publicly owned business, at least 51 percent of the                         stock of which is owned by one or more women; and                                               (2)                              Whose management and daily                         business operations are controlled by one or more women.                                                      *Women-owned small business (WOSB) concern eligible                         under the WOSB Program*  (in accordance with   13 CFR part 127)                      means a small business concern that is at least 51 percent                      directly and unconditionally owned by, and the management                      and daily business operations of which are controlled by,                      one or more women who are citizens of the United States,                      and the concern is certified by SBA or an approved                      third-party certifier in accordance with   13 CFR                      127.300.                             (b)                                      (1)                                                                                                     The North American Industry                         Classification System (NAICS) code for this acquisition                         is ________ [*insert NAICS                         code*].                                         (2)                                                                                                     The small business size                         standard is _______ [*insert size                         standard*].                                         (3)                                                                                                                              The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (*i.e.*, nonmanufacturer), is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—                                                  (i)                                                                                                                                                                                          Is set aside for small business and has a value above the simplified acquisition threshold;                                                     (ii)                                                                                                                                                                                          Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or                                                     (iii)                                                                                                                                                                                          Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.                                                                         (c)                                      *Representations.*                                      (1)                                                                                                                                                      The                            offeror represents as part of its offer                            that—                                                  (i)                                                                                                                              it □ is, □ is not a small business                               concern; or                                                     (ii)                                                                                                                             It □ is, □ is not a small business joint                               venture that complies with the requirements of   13 CFR 121.103(h) and   13 CFR 125.8(a) and   (b). [*The offeror shall enter the name                               and unique entity identifier of each party to the                               joint venture:* __.]                                                                  (2)                                                                                                     [*Complete only if the                         offeror represented itself as a small business concern                         in paragraph (c)(1) of this provision.*] The offeror                         represents that it □ is, □ is not, a small disadvantaged                         business concern as defined in                             13 CFR                         124.1001.                                         (3)                                                                            [*Complete only if the                         offeror represented itself as a small business concern                         in paragraph (c)(1) of this provision.]* The offeror                         represents as part of its offer that it □ is, □ is not a women-owned small business                         concern.                                         (4)                                                  *Women-owned small                         business (WOSB) joint venture eligible under the WOSB                         Program.* The offeror represents as part of its offer                         that it □ is, □ is not a joint venture that complies                         with the requirements of   13 CFR 127.506(a) through   (c). [ *The offeror shall enter the                         name and unique entity identifier of each party to the                         joint venture:* __.]                                         (5)                                                  *Economically                         disadvantaged women-owned small business (EDWOSB) joint                         venture.* The offeror represents as part of its offer                         that it □ is, □ is not a joint venture that complies                         with the requirements of 13 CFR 127.506(a) through (c).                         [ *The offeror shall enter the name and                         unique entity identifier of each party to the joint                         venture:* __.]                                         (6)  *Veteran-owned small business concern.* [*Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.*] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.                                         (7)  *SDVOSB concern.* [*Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.*] The offeror represents as part of its offer that it □ is, □ is not an SDVOSB concern.                                         (8)                                                  *SDVOSB                         joint venture eligible under the SDVOSB Program*.                         [*Complete only if the offeror represented itself as a                         SDVOSB concern in paragraph (c)(7) of this                         provision*]. The offeror represents as part of its                         offer that it □ is, □ is not a SDVOSB joint venture                         eligible under the SDVOSB Program that complies with the                         requirements of 13 CFR 128.402. [*The offeror shall enter                         the name and unique entity identifier of each party to                         the joint                         venture*:__.]                                         (9)  *HUBZone small business concern.* [*Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.*] The offeror represents, as part of its offer, that—                                                  (i)                                                                                              It □ is, □ is not a HUBZone small                               business concern listed, on the date of this                               representation, as having been certified by SBA as                               a HUBZone small business concern in the Dynamic                               Small Business Search and SAM, and will attempt to                               maintain an employment rate of HUBZone residents                               of 35 percent of its employees during performance                               of a HUBZone contract (see   13 CFR 126.200(e)(1)); and                                                     (ii)                                                                                              It □ is, □ is not a HUBZone joint venture                               that complies with the requirements of   13 CFR 126.616(a) through   (c). [ *The offeror shall enter the name and                               unique entity identifier of each party to the                               joint venture:* __.] Each HUBZone small                               business concern participating in the HUBZone                               joint venture shall provide representation of its                               HUBZone status.                                                                         (d)                                      *Notice.* Under   15 U.S.C.645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall-                                      (1)                                                                                                                                                       Be punished by imposition of fine, imprisonment, or both;                                         (2)                                                                                                                                                       Be subject to administrative remedies, including suspension and debarment; and                                         (3)                                                                                                                                                       Be ineligible for participation in programs conducted under the authority of the Act.                                (End of provision)*Alternate I* (Feb 2024). As prescribed in 19.309(a)(2) add the following paragraph (c)(10) to the basic provision:             (10) [*Complete if offeror represented itself as disadvantaged in paragraph (c)(2) of this provision.*] The offeror shall check the category in which its ownership falls:             □ Black American.             □ Hispanic American.             □ Native American (American Indians, Eskimos,                Aleuts, or Native Hawaiians).             □ Asian-Pacific American (persons with origins                from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei,                Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea,                The Philippines, Republic of Palau, Republic of the Marshall                Islands, Federated States of Micronesia, the Commonwealth of the                Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji,                Tonga, Kiribati, Tuvalu, or Nauru).             □ Subcontinent Asian (Asian-Indian) American                (persons with origins from India, Pakistan, Bangladesh, Sri                Lanka, Bhutan, the Maldives Islands, or Nepal).             □ Individual/concern, other than one of the                preceding.                                       *Alternate II*                (Mar 2023).                                    As prescribed in 19.309(a)(3), substitute the following paragraphs (b) and (c)(1) for paragraphs (b) and (c)(1) of the basic provision:             (b)(1) The North American Industry Classification System (NAICS) codes and corresponding size standards for this acquisition are as follows; the categories or portions these NAICS codes are assigned to are specified elsewhere in the solicitation:             **NAICS Code****Size standard**________________________________________________________________________________________________________________________________________________________________________________________________             [Contracting Officer to insert NAICS codes and size standards].             (2) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (*i.e.*, nonmanufacturer), is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—             (i) Is set aside for small business and has a value above the simplified acquisition threshold;             (ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or             (iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.             (c) *Representations.* (1) The Offeror shall represent its small business size status for each one of the NAICS codes assigned to this acquisition under which it is submitting an offer.             **NAICS Code****Small business concern (yes/no)**________________________________________________________________________________________________________________________________________________________________________________________________             [*Contracting Officer to insert NAICS codes.*]**Parent topic:**  52.219 [Reserved]
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