52.219-28 Post-Award Small Business

Program Rerepresentation.

As prescribed in 19.309(c)(1), insert the following clause:

Post-Award Small Business Program Rerepresentation (Feb 2024)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period

of performance has been extended for a cumulative period not to exceed six months under the clause

at 52.217-8, Option to Extend Services, or other appropriate authority.

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 (d) of this clause.

(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.

(b) If the Contractor represented that it was any of the small business concerns identified in

19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and

socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this

clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of

the contract to include this clause, if the novation agreement was executed prior to inclusion of this

clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days

after modification of the contract to include this clause, if the merger or acquisition occurred prior

to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option

thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in

19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and

socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this

clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award
contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at

the time of this rerepresentation that corresponds to the North American Industry Classification

System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to

this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not

manufacture, process, or produce itself, for a contract other than a construction or service contract,

is 500 employees, or 150 employees for information technology value-added resellers under NAICS

code 541519, if the acquisition—

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor

waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged womenowned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the

representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its

representations in the Representations and Certifications section of the System for Award

Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the

Contractor's current status. The Contractor shall notify the contracting office in writing within the

timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c)

of this clause), that the data have been validated or updated, and provide the date of the validation

or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of

this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f)

or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a

representation in SAM for the NAICS code applicable to this contract, the Contractor is required to

complete the following rerepresentation and submit it to the contracting office, along with the

contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it □ is, □ is not a small business concern under NAICS Code

_____ assigned to contract number _____.

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph

(h)(1) of this clause.] The Contractor represents that it □ is, □ is not, a small disadvantaged business

concern as defined in 13 CFR 124.1001.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph

(h)(1) of this clause.] The Contractor represents 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

Contractor represents that it □ is, □ is not a joint venture that complies with the requirements of 13

CFR 127.506(a) through (c). [The Contractor 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

Contractor represents that it □ is, □ is not a joint venture that complies with the requirements of 13

CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of

each party to the joint venture: __ .]

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph

(h)(1) of this clause. ] The Contractor represents that it □ is, □ is not a veteran-owned small

business concern.

(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in

paragraph (h)(6) of this clause.] The Contractor represents that it □ is, □ is not a service-disabled

veteran-owned small business concern.

(8) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the

SDVOSB Program. The Contractor represents that it □ is, □ is not an SDVOSB joint venture eligible

under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [The

Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

(9) [ Complete only if the Contractor represented itself as a small business concern in paragraph

(h)(1) of this clause. ] The Contractor represents that—

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on

the List of Qualified HUBZone Small Business Concerns maintained by the Small Business

Administration, and no material changes in ownership and control, principal office, or HUBZone

employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR part

126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small

business concern participating in the HUBZone joint venture. [The Contractor shall enter the names

of each of the HUBZone small business concerns participating in the HUBZone joint venture: _____.]

Each HUBZone small business concern participating in the HUBZone joint venture shall submit a

separate signed copy of the HUBZone representation.

[ Contractor to sign and date and insert authorized signer's name and

title.____________________________ ] 

(End of clause)

Alternate I (Mar 2020). As prescribed in 19.309 (c)(2), substitute the following paragraph (h)(1) for

paragraph (h)(1) of the basic clause:

(h)(1) The Contractor represents its small business size status for each one of the NAICS codes

assigned to this contract.

NAICS Code Small business concern (yes/no)

________________________________ ________________________________

________________________________ ________________________________
NAICS Code Small business concern (yes/no)

________________________________ ________________________________

[Contracting Officer to insert NAICS codes.]

Parent topic: 52.219 [Reserved]