FAR 19.309—Solicitation provisions and contract clauses.
Plain-English Summary
FAR 19.309 tells contracting officers when to include specific small business representation and rerepresentation provisions in solicitations and contracts. It covers three main topics: the Small Business Program Representations provision at 52.219-1, the Equal Low Bids provision at 52.219-2 for sealed bidding, and the Postaward Small Business Program Rerepresentation clause at 52.219-28. It also identifies when to use special alternates for DoD, NASA, and the Coast Guard, and when to use Alternate I for multiple-award contracts with more than one NAICS code. In practice, this section ensures the Government gets the small business status information it needs at the right time, supports proper award decisions, and preserves accurate small business data after award when contract circumstances change. It matters because failing to include the right provision or clause can affect competition, award administration, and small business program compliance.
Key Rules
Insert Small Business Reps
For solicitations exceeding the micro-purchase threshold, include 52.219-1 when the contract is for supplies delivered or services performed in the United States or its outlying areas, or when the contracting officer has applied small business policies under 19.000(b)(1)(ii). This provision captures offeror representations about small business status for evaluation and award purposes.
Use DoD Alternate I
When the solicitation is issued by DoD, NASA, or the Coast Guard, use 52.219-1 with Alternate I. The alternate is mandatory for those agencies and modifies the standard representation provision to fit their acquisition framework.
Use Alternate II for Multiple NAICS
For solicitations that will result in a multiple-award contract with more than one NAICS code, use 52.219-1 with Alternate II. This applies only to solicitations issued after October 1, 2028, and is intended to address the special representation issues created by multiple NAICS assignments.
Insert Equal Low Bids
When contracting by sealed bidding, include 52.219-2 in solicitations for supplies or services to be performed in the United States or its outlying areas, or when the contracting officer has applied small business policies under 19.000(b)(1)(ii). This provision is used only in sealed bidding and addresses how equal low bids are handled.
Insert Postaward Rerepresentation
Include 52.219-28 in solicitations and contracts exceeding the micro-purchase threshold when the contract is for supplies delivered or services performed in the United States or its outlying areas, or when the contracting officer has applied small business policies under 19.000(b)(1)(ii). This clause requires the contractor to rerepresent its small business status after award when specified events occur.
Use Alternate I for Multi-Award Contracts
For solicitations and resulting multiple-award contracts with more than one NAICS code, use 52.219-28 with Alternate I. This is authorized for solicitations issued after October 1, 2028, and addresses rerepresentation issues unique to multiple-award, multi-NAICS contracting.
Responsibilities
Contracting Officer
Determine whether the solicitation or contract meets the geographic and dollar-threshold triggers, then include the correct provision or clause and any required alternate. The contracting officer must also distinguish between sealed bidding and negotiated acquisitions and ensure the right small business language is in the solicitation and, for 52.219-28, in the resulting contract.
Agency
Follow the applicable small business policy framework and agency-specific requirements, including the mandatory use of Alternate I for DoD, NASA, and the Coast Guard. Agencies must ensure their acquisition templates and systems reflect the correct clause and provision usage.
Offeror/Bidder
Provide accurate small business program representations when required by 52.219-1 and comply with any rerepresentation requirements that arise under 52.219-28. In sealed bidding, bidders must also be prepared for the equal low bid procedures under 52.219-2 if their bids are tied at the low price.
Contractor
After award, monitor and update small business status as required by 52.219-28 and any applicable alternate. The contractor must rerepresent when the clause requires it and ensure its status information remains accurate for contract administration and future set-aside or socioeconomic determinations.
Practical Implications
This section is a clause-selection rule, so the biggest day-to-day task is getting the solicitation package right before release. Missing a required provision or using the wrong alternate can create protest risk, delay award, or require amendment.
The micro-purchase threshold and the geographic scope matter. These clauses are not universally required; they are triggered by the contract type, dollar threshold, and whether performance is in the United States or its outlying areas, unless the contracting officer has applied Part 19 under 19.000(b)(1)(ii).
Sealed bidding uses a different tool than negotiated procurement. Equal low bid treatment under 52.219-2 is only relevant when the acquisition is conducted by sealed bidding, so using it in the wrong acquisition method is a common error.
Multiple-award, multi-NAICS solicitations require special attention. The alternates for 52.219-1 and 52.219-28 are only authorized for solicitations issued after October 1, 2028, so contracting officers must confirm the solicitation date before using them.
Postaward rerepresentation is easy to overlook because it affects contract administration after award, not just competition. Contractors and contracting officers should track when rerepresentation events occur so the Government’s small business records stay current and award decisions based on status remain reliable.
Official Regulatory Text
(a) (1) Insert the provision at 52.219-1 , Small Business Program Representations, in solicitations exceeding the micro-purchase threshold when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied this part in accordance with 19.000 (b)(1)(ii). (2) Use the provision with its Alternate I in solicitations issued by DoD, NASA, or the Coast Guard. (3) Use the provision with its Alternate II in solicitations that will result in a multiple-award contract with more than one NAICS code assigned. This is authorized for solicitations issued after October 1, 2028 (see 19.102 (b)). (b) When contracting by sealed bidding, insert the provision at 52.219-2 , Equal Low Bids, in solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied this part in accordance with 19.000 (b)(1)(ii). (c) (1) Insert the clause at 52.219-28 , Postaward Small Business Program Rerepresentation, in solicitations and contracts exceeding the micro-purchase threshold when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied this part in accordance with 19.000 (b)(1)(ii). (2) Use the clause with its Alternate I in solicitations and the resulting multiple-award contracts with more than one NAICS code. This is authorized for solicitations issued after October 1, 2028 (see 19.102 (b)).