Small Business Size Rerepresentation; FAR Section Affected: 52.219-28

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
9000-0163 PRA Supporting Statement Part A 4.3.2024.docx	Supporting Statement A	Uploaded 2024-04-10	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
236592	Order-level Representations		Modified
186981	Contract Level Representations		Modified

ICR Details

OMB Control No: 9000-0163	ICR Reference No: 202404-9000-003
Status: Active	Previous ICR Reference No: 202104-9000-004
Agency/Subagency: FAR	Agency Tracking No:
Title: Small Business Size Rerepresentation; FAR Section Affected: 52.219-28
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/14/2024
Retrieve Notice of Action (NOA)	Date Received in OIRA: 04/10/2024
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2027	36 Months From Approved	06/30/2024
Responses	5,098	0	4,029
Time Burden (Hours)	2,549	0	2,015
Cost Burden (Dollars)	122,352	0	80,580

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Abstract: This clearance covers the information that contractors must submit to comply with the following FAR requirements: 52.219-28, Post-Award Small Business Program Rerepresentation. This clause requires contractors who 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.

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Authorizing Statute(s): None

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 6523	02/01/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 25269	04/10/2024
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 2

table that charts list of burden

IC Title	Form No.	Form Name
Contract Level Representations
Order-level Representations

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ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	5,098	4,029	0	1,069	0	0
Annual Time Burden (Hours)	2,549	2,015	0	534	0	0
Annual Cost Burden (Dollars)	122,352	80,580	0	41,772	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This extension includes adjustments to the public and Government burden estimates based on the following: ● The estimated number of respondents and responses per year is based on FPDS data for the three most recent fiscal years (2021 through 2023). ● The estimated cost per hour is based on use of the current (calendar year 2024) OPM GS wage rates for the rest of the United States.

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Annual Cost to Federal Government: $314,880

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 04/10/2024

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