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Starting on January 17, 2025, changes are made to the FAR regulations concerning post-award Small Business representation. For federal government contractors, the most critical updates are included in FAR clause 52.219-28. The government has enhanced the small business certification in this clause to increase transparency regarding small businesses involved in multiple-award contracts (MAC). This ensures that when a federal agency claims goaling credit for contracting with small businesses, these businesses are indeed small and correctly represent the socioeconomic status they have declared.

With the new clause (JAN 2025), Contractors must represent their size and/or socioeconomic status when:

  1. An Agency sets aside an order on an unrestricted MAC specifically for small business offerors.
  2. An Agency sets aside an order on a restricted set-aside MAC for a specific socioeconomic status.
  3. An Agency sets aside an order on a partially restricted set-aside MAC for a specific socioeconomic status, at the Contracting Officer’s discretion as stated in the order call.
  4. The Contracting Officer explicitly requires representation on a Federal Supply Schedule (FSS) order for a valid reason.

Note: Orders under GSA’s FSS are exempt from the new clause’s representation requirements unless the Contracting Officer has a reasonable purpose to require it.

As suggested in the Taft article, solicitations should be reviewed for MACs and order calls. Contractors should also regularly update their size and socioeconomic status certifications. Contracting Officers may rely on a contractor’s SAM.gov registration, so contractors must ensure their information is current, accurate, and complete.

Read the Taft article here.