Overview
This section prescribes the specific solicitation provisions and contract clauses required to implement small business program representations, equal low bid procedures, and post-award size rerepresentations for federal acquisitions. It establishes the mandatory usage of these terms based on the acquisition method, contract value, and geographic location of performance.
Key Rules
- Small Business Program Representations (52.219-1): Must be included in solicitations exceeding the micro-purchase threshold for work performed in the United States or its outlying areas.
- Alternate I: Mandatory for solicitations issued by DoD, NASA, or the Coast Guard.
- Alternate II: Required for multiple-award contracts with multiple NAICS codes (authorized for use after October 1, 2028).
- Equal Low Bids (52.219-2): Required in sealed bidding solicitations for domestic performance to provide a tie-breaking mechanism when low bids are equal.
- Post-Award Rerepresentation (52.219-28): Must be included in solicitations and contracts exceeding the micro-purchase threshold. This ensures the government has a mechanism to track the contractor's small business size status throughout the life of the contract, particularly after mergers or acquisitions.
- Geographic Scope: These requirements generally apply to contracts performed within the U.S. and its outlying areas unless the Contracting Officer specifically applies FAR Part 19 to an international acquisition.
Practical Implications
- Continuous Compliance: Contractors must be prepared to rerepresent their size status post-award, as clause 52.219-28 can change a firm's eligibility for small business credit and affect the agency’s ability to count the contract toward its socio-economic goals.
- Future Complexity for MACs: Starting in 2028, the transition to multiple NAICS codes on single multiple-award contracts will require contractors to manage and represent their size status with greater granularity across different functional areas of a single contract.