52.219-28 Post-Award Small Business Program Rerepresentation.pdf

52.219‐28 Post‐Award Small Business Program Rerepresenta on.

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

Post‐Award Small Business Program Rerepresenta on (Feb 2024)

(a) Defini ons. As used in this clause—

Long‐term contract means a contract of more than five years in dura on, including op ons. However, the term does not include contracts that exceed five years in dura on because the period of performance has been extended for a cumula ve period not to exceed six months under the clause at 52.217‐8, Op on 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 opera on, 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 defini on, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or par es control or have the power to control the others. In determining whether affilia on exists, considera on is given to all appropriate factors including common ownership, common management, and contractual rela onships. SBA determines affilia on 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 iden fied 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 a er execu on of a nova on agreement or within 30 days a er modifica on of the contract to include this clause, if the nova on agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days a er a merger or acquisi on that does not require a nova on or within 30 days a er modifica on of the contract to include this clause, if the merger or acquisi on 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 fi h year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any op on therea er.

(c) If the Contractor represented that it was any of the small business concerns iden fied 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 Contrac ng Officer explicitly requires it for an order issued under a mul ple‐award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the me of this rerepresenta on that corresponds to the North American Industry Classifica on System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at h ps://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 construc on or service contract, is 500 employees, or 150 employees for informa on technology value‐added resellers under NAICS code 541519, if the acquisi on—

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

(2) Used the HUBZone price evalua on preference regardless of dollar value, unless the Contractor waived the price evalua on preference; or

(3) Was 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.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representa on(s) required by paragraph (b) and (c) of this clause by valida ng or upda ng all its representa ons in the Representa ons and Cer fica ons sec on 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 no fy the contrac ng office in wri ng within the meframes 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 valida on 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 ac ons required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representa ons and cer fica ons in SAM, or does not have a representa on in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresenta on and submit it to the contrac ng office, along with the contract number and the date on which the rerepresenta on 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 en ty iden fier 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 en ty iden fier 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 en ty iden fier 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 representa on, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administra on, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was cer fied 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 representa on in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern par cipa ng in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns par cipa ng in the HUBZone joint venture: _____.] Each HUBZone small business concern par cipa ng in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representa on.

[ Contractor to sign and date and insert authorized signer's name and tle.____________________________ ]

(End of clause)