FAR 19.301-3—Rerepresentation by a contractor that represented itself as other than a small business concern.
Plain-English Summary
FAR 19.301-3 addresses a narrow but important size-status issue: when a contractor that originally represented itself as other than a small business may later choose to rerepresent itself as small. The section ties that option to the rerepresentation triggers in FAR 19.301-2(b) and requires the contractor to meet the applicable small-business size standard in effect at the time of rerepresentation. In practice, this means a contractor that has grown or changed since award is not forced to rerepresent, but if it wants to claim small-business status later, it can do so only when the FAR’s rerepresentation conditions are met and only if it actually qualifies under the current size standard. This matters because size status can affect subcontracting plans, small-business reporting, set-aside eligibility in some contexts, and agency records of contractor status. The rule is designed to keep size representations current without making rerepresentation mandatory for contractors that were originally other than small.
Key Rules
Optional rerepresentation
A contractor that represented itself as other than small before award may rerepresent its size status, but it is not required to do so. The rule gives the contractor discretion rather than imposing an automatic duty to update its status.
Trigger conditions apply
The contractor may rerepresent only when the conditions in FAR 19.301-2(b) are met. Those conditions are the gateway for when a size rerepresentation is permitted under the FAR framework.
Must currently qualify as small
At the time of rerepresentation, the contractor must qualify as a small business concern under the applicable size standard then in effect. Past status is not enough; the contractor must satisfy the current standard when it makes the rerepresentation.
Size standard is time-specific
The applicable size standard is the one in effect when the contractor rerepresents, not necessarily the one that applied at award. This ensures the representation reflects the contractor’s current status under current SBA size rules.
Responsibilities
Contractor
Determine whether the FAR 19.301-2(b) conditions are present and whether it currently qualifies as small under the applicable size standard before choosing to rerepresent. If it elects to rerepresent, it must ensure the representation is accurate at the time made.
Contracting Officer
Recognize that rerepresentation by a contractor originally represented as other than small is permissive, not mandatory, and rely on the contractor’s current representation only when the FAR conditions and size-standard requirements are satisfied.
Agency
Maintain procurement records and downstream small-business reporting based on the contractor’s current, valid size representation when rerepresentation occurs, and apply the representation consistently with FAR and SBA size rules.
Practical Implications
A contractor that was large at award does not have to revisit its size status unless it wants to make a new small-business representation under the FAR’s rerepresentation rules.
The biggest risk is assuming a contractor can simply declare itself small later; it must first meet the specific rerepresentation trigger in FAR 19.301-2(b) and the current size standard.
Contractors should verify affiliation, receipts, employee counts, and any applicable NAICS-based size standard before rerepresenting, because an inaccurate rerepresentation can create compliance and integrity issues.
Contracting officers should not treat this section as a general duty to monitor size changes; it is a conditional, contractor-driven rerepresentation rule.
This section can affect subcontracting and agency small-business data, so accurate timing and documentation matter when a contractor elects to update its status.
Official Regulatory Text
A contractor that represented itself as other than small before contract award may, but is not required to, rerepresent its size status when- (a) The conditions in 19.301-2 (b) apply; and (b) The contractor qualifies as a small business concern under the applicable size standard in effect at the time of its rerepresentation.