CANCELLED BY PIC 08-08

07-08

Procurement Information Circular

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August 31, 2007

SMALL BUSINESS SIZE REREPRESENTATION REQUIREMENTS FOR EXISTING CONTRACTS

BACKGROUND: Federal Acquisition Circular (FAC) 2005-18 was issued on July 5, 2007, and prescribed procedures for small businesses to rerepresent their size status under certain conditions after receipt of an award (reference FAR 19.301-2). Unfortunately, the change page version of the FAC neglected to provide specific guidance on how existing contracts with small businesses were impacted by this change. Based on the foregoing, the purpose of this PIC is to ensure that Center procurement offices are aware of the requirement to modify applicable existing contracts, as required by the Small Business Size Rerepresentation Interim Rule.

GUIDANCE: The Federal Register Notice version of the FAC provided the following guidance concerning existing contracts:

“Contracting officers must modify existing long-term contracts, as defined in the interim rule at FAR 19.301-2(a), awarded to small businesses to include the clause at 52.219-28, Post-Award Small Business Program Rerepresentation. Contracting officers must also modify contracts awarded to small business concerns, other than long-term contracts, to include the clause at 52.219-28 at the time that an option is exercised.”

Based on the foregoing, Center Procurement Offices are required to modify existing awards to small businesses as set forth above. It is anticipated that these will be bilateral modifications but that there will be no cost impact to the contracts.

EFFECTIVE DATE: This PIC is effective as dated and shall remain in effect until canceled or superseded.

HEADQUARTERS CONTACT:  Jeff Lupis, Office of Procurement, Contract Management Division, (202) 358-4773, email: Jeff.Lupis@nasa.gov.

James A. Balinskas

Director, Contract Management Division

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