[Federal Register Volume 89, Number 70 (Wednesday, April 10, 2024)]
[Notices]
[Pages 25269-25270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07534]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0163; Docket No. 2024-0053; Sequence No. 3]


Submission for OMB Review; Small Business Size Rerepresentation

AGENCY: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Notice.

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SUMMARY: Under the provisions of the Paperwork Reduction Act, the 
Regulatory Secretariat Division has submitted to the Office of 
Management and Budget (OMB) a request to review and approve an 
extension of a previously approved information collection requirement 
regarding small business size rerepresentation.

DATES: Submit comments on or before May 10, 2024.

ADDRESSES: Written comments and recommendations for this information 
collection should be sent within 30 days of publication of this notice 
to www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under Review--Open for Public 
Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Zenaida Delgado, Procurement Analyst, 
at telephone 202-969-7207, or [email protected].

SUPPLEMENTARY INFORMATION:

A. OMB Control Number, Title, and Any Associated Form(s)

    OMB Control No. 9000-0163, Small Business Size Rerepresentation.

B. Need and Uses

    This clearance covers the information that contractors must submit 
to comply

[[Page 25270]]

with the following Federal Acquisition Regulation (FAR) requirements:
     FAR 52.219-28, Post-Award Small Business Program 
Rerepresentation. This clause requires contractors that originally 
represented themselves as a small business for a contract award to 
rerepresent their size and socioeconomic status at the prime contract 
level by updating their representations in the Representations and 
Certifications section of the System for Award Management (SAM). 
Contractors are also required to notify the contracting officer by 
email, or otherwise in writing, that the rerepresentations have been 
made, and provide the date on which they were made.
    Small business contractors are required to rerepresent their size 
and socioeconomic status upon occurrence of any of the following:
    (a) For the NAICS code(s) in the contract--
    (1) Within 30 days after execution of a novation agreement or 
within 30 days after modification of the contract to include FAR clause 
52.219-28 if the novation agreement was executed prior to inclusion of 
this clause in the contract.
    (2) Within 30 days after a merger or acquisition of the contractor 
that does not require novation or within 30 days after modification of 
the contract to include the clause at 52.219-28 if the merger or 
acquisition occurred prior to inclusion of this clause in the contract;
    (3) For long-term contracts--
    (i) Within 60 to 120 days prior to the end of the fifth year of the 
contract; and
    (ii) Within 60 to 120 days prior to the date specified in the 
contract for exercising any option thereafter.
    (b) When contracting officers explicitly require it for an order 
issued under a multiple-award contract.
    The collected information is used by the Small Business 
Administration, Congress, Federal agencies and the general public for 
various reasons, such as determining if agencies are meeting statutory 
goals, set-aside determinations, and market research.

C. Annual Burden

    Respondents: 3,482.
    Total Annual Responses: 5,098.
    Total Burden Hours: 2,549.

D. Public Comment

    A 60-day notice was published in the Federal Register at 89 FR 
6523, on February 1, 2024. A comment was received; however, it did not 
change the estimate of the burden.
    Comment: The respondent expressed concerns about proposed changes 
that could result in small businesses missing contracting opportunities 
because their small business size standard changes while waiting for 
the Government to evaluate proposals and make awards. The respondent 
stated that a gap of multiple years is not uncommon for the 
Government's process. The respondent indicated that the proposed 
changes are not needed.
    Response: The comment is not relevant to the request for comments. 
The respondent's comment appears to express views regarding the 
proposed rule for FAR Case 2020-016, Rerepresentation of Size and 
Socioeconomic Status, published on September 29, 2023 (88 FR 67189). 
The respondent supports the current FAR policy and did not express 
opposition to its associated information collection as described on the 
60-day notice published in the Federal Register for the extension of 
the collection.
    Obtaining Copies: Requesters may obtain a copy of the information 
collection documents from the GSA Regulatory Secretariat Division, by 
calling 202-501-4755 or emailing [email protected]. Please cite OMB 
Control No. 9000-0163, Small Business Size Rerepresentation.

William Clark,
Director, Office of Governmentwide Acquisition Policy, Office of 
Acquisition Policy, Office of Governmentwide Policy.
[FR Doc. 2024-07534 Filed 4-9-24; 8:45 am]
BILLING CODE 6820-EP-P