Small Business Programs (Part 19)

FAR 52.219-28

Post-Award Small Business Program Rerepresentation

Requires the prime to re-represent its small-business size status (1) within 30 days after novation, (2) within 30 days after a merger/acquisition that does not require novation but affects size, (3) within 60 days of the end of the 5th year of contract performance for long-term contracts, and (4) within 60 days prior to each option exercise on long-term contracts. Prevents 'small business grown out of size' from continuing to receive small-business credit forever.

FAR / DFARS Part
FAR Part 19 — Small Business Programs
Prescribed By
FAR 19.301-2 — Required in all solicitations and contracts containing 52.219-1 or any small-business set-aside or socioeconomic clause.
Flow-down to Subcontracts

Not flowed down (concerns the prime's own size status).

What this clause requires

  • 1Re-represent size status in SAM within the specified events / timeframes.
  • 2Update the SAM annual reps and certs to reflect any change.
  • 3Notify the CO promptly of the rerepresentation.
  • 4Agency continues to count award toward small-business goals only if rerepresented as small.

When this clause applies

Triggers on novation, merger/acquisition, 5-year anniversary of long-term contracts, and option exercise on long-term contracts. Also for orders under multiple-award contracts when requested.

Common pitfalls

!Missing the 30-day post-M&A clock — rerepresentation is mandatory regardless of whether ownership changed legal form.
!Forgetting the 5-year anniversary on long-term contracts — easy to miss for IDIQs with 10-year ordering periods.
!Failing to update SAM contemporaneously with the rerepresentation — SAM and the contract file can fall out of sync.

Proposal-team checklist

  • ☐Maintain a contract-by-contract size-rerepresentation calendar with anniversary and option-exercise dates.
  • ☐Coordinate with corporate development — every M&A event should trigger a check whether rerep is needed.
  • ☐Train SAM administrators on the 52.219-28 events.

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FAQ

If I grow out of size during performance, do I lose the contract?

No — the contract continues. But the agency cannot count subsequent obligations against its small-business goals after the rerepresentation date.

Does this apply to set-aside contracts only?

It applies to any contract with 52.219-1 (small-business representation) and to socioeconomic set-asides. In practice, that's nearly every Federal contract.

Related clauses

FAR 52.204-7
System for Award Management
FAR 52.219-8
Utilization of Small Business
FAR 52.219-9
Small Business Subcontracting Plan
FAR 52.219-14
Limitations on Subcontracting

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Reference content based on the Federal Acquisition Regulation and DFARS as of June 2026. Always verify the current clause text at acquisition.gov before relying on it for an actual submission. Educational reference; not legal advice.