SUBPART 219.3—DETERMINATION OF SMALL BUSINESS STATUS FOR

SMALL BUSINESS PROGRAMS

(Revised January 31, 2023)

 

 

219.301-2  Rerepresentation by a contractor that represented itself as a small business concern.

Follow the procedures at PGI 204.606(4)(vii) (DFARS/PGI view) for reporting modifications for rerepresentation actions.

 

219.301-3  Rerepresentation by a contractor that represented itself as other than a small business concern.

Follow the procedures at PGI 204.606(4)(vii) (DFARS/PGI view) for reporting modifications for rerepresentation actions.

 

219.303  Reserved.

 

219.309  Solicitation provisions and contract clauses.

 

      (1)  Use the provision at 252.219-7000, Advancing Small Business Growth, in solicitations, including solicitations using FAR part 12 procedures for acquisition of commercial products and commercial services, when the estimated annual value of the contract is expected to exceed—

 

              (i)  The small business size standard, if expressed in dollars, for the North American Industry Classification System (NAICS) code assigned by the contracting officer; or

 

              (ii)  $70 million, if the small business size standard is expressed as number of employees for the NAICS code assigned by the contracting officer.

 

See DoD Class Deviation 2023-O0002, Small Disadvantaged Business Threshold, issued December 8, 2022. Effective December 19, 2022, contracting officers shall utilize $850,000 in lieu of $750,000 for the net worth threshold in the definition of small disadvantaged business concern at FAR 2.101(b). In addition, contracting officers shall utilize the deviation FAR solicitation provisions and FAR clause at Attachment 1 in lieu of FAR solicitation provisions 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, 52.219-1, Small Business Program Representations, and FAR clause 52.219-8, Utilization of Small Business Concerns. These procedures will allow DoD to continue to make awards to eligible small disadvantaged business concerns until the FAR is updated to align with the threshold at 13 CFR 124.104(c)(2), which was updated via the Small Business Administration’s final rule, 87 FR 69118, published November 17, 2022, effective December 19, 2022.