19.301-2 Rerepresentation by a contractor

that represented itself as a small business

concern.

(a) Definition. As used in this subsectionLong-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.

(b) A contractor that represented itself as any of the small business concerns identified in

19.000(a)(3) before contract award is required to rerepresent its size and socioeconomic status—

(1) For the NAICS code(s) in the contract–

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

contract to include the clause at 52.219-28, Post-Award Small Business Program Rerepresentation, if

the novation agreement was executed prior to inclusion of this clause in the contract;

(ii) Within 30 days after a merger or acquisition (whether the contractor acquires or is acquired by

another company) of the contractor that does not require novation or within 30 days after

modification of the contract to include the clause at 52.219-28, Post-Award Small Business Program

Rerepresentation, if the merger or acquisition occurred prior to inclusion of this clause in the

contract;

(iii) For long-term contracts–

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

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

thereafter; or

(2) For the NAICS code assigned to an order under a multiple-award contract, if the contracting

officer requires contractors to rerepresent their size and socioeconomic status for that order.

(c) A contractor is required to rerepresent its size status in accordance with the size standard in

effect at the time of its rerepresentation that corresponds to the NAICS code that was initially

assigned to the contract. For multiple-award contracts where there is more than one NAICS code

assigned, the contractor is required to rerepresent its size status for each NAICS code assigned to

the contract.

(d)

(1) Contract rerepresentation. After a contractor rerepresents for a contract that it no longer

qualifies as a small business concern identified in 19.000(a)(3) in accordance with 52.219-28, the

agency may no longer include the value of options exercised, modifications issued, orders issued, or

purchases made under BPAs on that contract in its small business prime contracting goal
achievements. When a contractor's rerepresentation for a contract qualifies it as a different small

business concern identified in 19.000(a)(3) than what it represented for award, the agency may

include the value of options exercised, modifications issued, orders issued, or purchases made under

BPAs on that contract in its small business prime contracting goal achievements, consistent with the

rerepresentation. Agencies should issue a modification to the contract capturing the

rerepresentation and report it to FPDS within 30 days after notification of the rerepresentation.

(2) Rerepresentation for a task or delivery order.

(i) When a contractor rerepresents for an order that it no longer qualifies as a small business

concern identified in 19.000(a)(3), the agency cannot include the value of the order in its small

business prime contracting goal achievements. When a contractor's rerepresentation for an order

qualifies it as a different small business concern identified in 19.000(a)(3) than what it represented

for contract award, the agency can include the value of the order in its small business prime

contracting goal achievement, consistent with the rerepresentation.

(ii) A rerepresentation for an order does not change the size or socioeconomic status representation

for the contract.

(e) A change in size status does not change the terms and conditions of the contract. However, the

contracting officer may require a subcontracting plan for a contract containing 52.219-9, Small

Business Subcontracting Plan, if a prime contractor's size status changes from small to other than

small as a result of a size rerepresentation (see 19.705-2(b)(3)).

Parent topic: 19.301 Representations and rerepresentations.