36856 Federal Register / Vol. 72, No. 128 / Thursday, July 5, 2007 / Rules and Regulations 

threshold as long as the original contract 

was competed. 

(c) An 8(a) concern may continue to 

accept new orders under a multiple 

award, Federal Supply Schedule (FSS), 

multi-agency contract or 

Governmentwide acquisition contract 

even after a concern’s program term 

expires, the concern otherwise exits the 

8(a) Program, or the concern becomes 

other than small for the NAICS code 

assigned under the contract. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 12. Amend section 52.212–5 by—

■ a. Revising the date of the clause and 

paragraph (b)(14); 

■ b. Redesignating paragraphs (b)(15) 

through (36) as paragraphs (b)(16) 

through (37) respectively; and 

■ c. Adding a new paragraph (b)(15). 

■ The revised and added text read as 

follows: 

52.212–5 Contract Terms and Conditions 

Required to Implement Statutes or 

Executive Orders—Commercial Items. 

CONTRACT TERMS AND CONDITIONS 

REQUIRED TO IMPLEMENT STATUTES OR 

EXECUTIVE ORDERS—COMMERCIAL 

ITEMS (JUNE 2007) 

* * * * * 

(b) * * * 

ll (14) 52.219–27, Notice of Total 

Service-Disabled Veteran-Owned Small 

Business Set-Aside (May 2004)(15 

U.S.C. 657 f). 

ll (15) 52.219–28, Post Award 

Small Business Program 

Rerepresentation (JUNE 2007) (15 U.S.C. 

632(a)(2)). 

* * * * * 

■ 13. Add section 52.219–28 to read as 

follows: 

52.219–28 Post-Award Small Business 

Program Rerepresentation. 

As prescribed in 19.308(d), insert the 

following clause: 

POST-AWARD SMALL BUSINESS 

PROGRAM REREPRESENTATION (JUNE 

2007) 

(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 means a concern, 

including its affiliates, that is independently 

owned and operated, not dominant in the 

field of operation in which it is bidding on 

Government contracts, and qualified as a 

small business under the criteria in 13 CFR 

part 121 and the size standard in paragraph 

(c) of this clause. 

(b) If the Contractor represented that it was 

a small business concern prior to award of 

this contract, the Contractor shall rerepresent 

its size status according to paragraph (e) of 

this clause or, if applicable, paragraph (g) of 

this clause, upon the 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 

exercise date specified in the contract for any 

option thereafter. 

(c) 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 

assigned to this contract. The small business 

size standard corresponding to this NAICS 

code can be found at http://www.sba.gov/ 

services/contractingopportunities/ 

sizestandardstopics/. 

(d) The small business size standard for a 

Contractor providing a product which it does 

not manufacture itself, for a contract other 

than a construction or service contract, is 500 

employees. 

(e) Except as provided in paragraph (g) of 

this clause, the Contractor shall make the 

rerepresentation required by paragraph (b) of 

this clause by validating or updating all its 

representations in the Online 

Representations and Certifications 

Application and its data in the Central 

Contractor Registration, as necessary, to 

ensure they reflect current status. The 

Contractor shall notify the contracting office 

by e-mail, or otherwise in writing, that the 

data have been validated or updated, and 

provide the date of the validation or update. 

(f) 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 (e) or (g) of this 

clause. 

(g) If the Contractor does not have 

representations and certifications in ORCA, 

or does not have a representation in ORCA 

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: 

The Contractor represents that it b is, b is 

not a small business concern under NAICS 

Code lllllll assigned to contract 

number lllllllll. 

[Contractor to sign and date and insert 

authorized signer’s name and title]. 

(End of clause) 

[FR Doc. 07–3279 Filed 7–2–07; 11:18 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Chapter 1 

[Docket FAR–2007–002, Sequence 3] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2005–18; 

Small Entity Compliance Guide 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Small Entity Compliance Guide. 

SUMMARY: This document is issued 

under the joint authority of the 

Secretary of Defense, the Administrator 

of General Services and the 

Administrator of the National 

Aeronautics and Space Administration. 

This Small Entity Compliance Guide has 

been prepared in accordance with 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996. It consists of a summary of the 

rule appearing in Federal Acquisition 

Circular (FAC) 2005–18 which amends 

the FAR. An asterisk (*) next to the rule 

indicates that a regulatory flexibility 

analysis has been prepared. Interested 

parties may obtain further information 

regarding this rule by referring to FAC 

2005–18 which precedes this document. 

These documents are also available via 

the Internet at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Laurieann Duarte, FAR Secretariat, (202) 

501–4225. For clarification of content, 

contact the analyst whose name appears 

in the table below. 


jlentini on PROD1PC65 with RULES4
Federal Register / Vol. 72, No. 128 / Thursday, July 5, 2007 / Rules and Regulations 36857 

RULE LISTED IN FAC 2005–18 

Item Subject FAR case Analyst 

*I ........... Small Business Size Rerepresentation ........................................................................................... 2006–032 Cundiff. 

Item I-Small Business Size 

Rerepresentation (FAR Case 2006-032) 

This interim rule amends the FAR to 

implement the Small Business 

Administration’s (SBA) final rule 

published on November 15, 2006 (71 FR 

66434), entitled ‘‘Small Business Size 

Regulations; Size for Purposes of 

Governmentwide Acquisition Contracts, 

Multiple Award Schedule Contracts and 

Other Long-Term Contracts; 8(a) 

Business Development/Small 

Disadvantaged Business; Business 

Status Determinations.’’ The purpose of 

the SBA rule and this FAR rule is to 

improve the accuracy of small business 

size status reporting, at the prime 

contract level, over the life of certain 

contracts (long-term contracts, contracts 

involving novations, acquisitions, and 

mergers). Contractors will be required to 

rerepresent their size status on contracts 

prior to the end of the fifth year of a 

contract that is more than five years in 

duration (long-term contract); prior to 

exercising any option thereafter; 

following execution of a novation 

agreement; or following a merger or 

acquisition of the contractor, regardless 

of whether there is a novation 

agreement. A change in the size status 

does not change the terms and 

conditions of the contract, but the 

agency may no longer include the value 

of options exercised or orders issued 

against the contract in its small business 

prime contracting goal achievements. 

Dated: June 29, 2007. 

Michael Jackson, 

Acting Director, Contract Policy Division. 

[FR Doc. 07–3278 Filed 7–2–07; 11:18 am] 

BILLING CODE 6820–EP–S 


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