FAR 52.219-28 — Post-Award Small Business Program Rerepresentation
This clause requires contractors to rerepresent their small business size and socioeconomic status at defined trigger points, including within 30 days of a merger or acquisition and at specific intervals during a long-term contract.
- Clause
- FAR 52.219-28
- Applies to
- Contracts with options or long periods of performance
- Flows down to subs
- No
- Primary risk
- Loss of small business status mid-contract
Key takeaways
- Read the clause as incorporated in your contract — tailoring and alternates change obligations.
- Flowdown obligations are your responsibility; a noncompliant subcontractor is your problem.
- Document compliance contemporaneously; after-the-fact reconstruction rarely satisfies auditors.
- When a clause is unclear, ask the contracting officer in writing before award, not after.
What the clause requires
You must rerepresent size status upon novation or merger and acquisition events, and at other points specified such as within 60 to 120 days prior to the end of the fifth year of a long-term contract and after exercise of an option thereafter. The rerepresentation can change your status for future orders even under an existing contract.
How to comply in practice
Calendar every rerepresentation trigger date at award, including merger events and the mid-contract five-year mark, and reassess your size calculation using current revenue or employee counts before certifying.
Common mistakes
Growing firms miss the rerepresentation deadline after crossing a size standard through organic growth or acquisition, and continue receiving small business set-aside orders they are no longer eligible for.
FAQ
Does growth automatically disqualify me?
Not immediately, but rerepresentation at the required trigger points will reflect your new size status.
What happens after a merger?
You must rerepresent size status generally within 30 days of the transaction closing.
Does rerepresentation affect the current contract?
It typically affects future orders and options rather than voiding the existing award.
Draft a compliant response for $2
RFP Scribe builds your compliance matrix and first draft from the solicitation and your Company Brain.
Get startedServices that help with this
Buy just the piece you need — most start at a few dollars, no subscription required.
Compliance & Readability Scan
$2Verify every FAR requirement is addressed in your proposal.
Buy NowRFP Plain-English Summary
$3Translate dense solicitations with FAR references into actionable checklists.
Buy NowContract Modification Writer
$10Generate compliant modification requests with proper FAR citations.
Buy Now