Notice2024-07534
Submission for OMB Review; Small Business Size Rerepresentation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 10, 2024
Issuing agencies
Defense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 70 (Wednesday, April 10, 2024)</title>
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[Federal Register Volume 89, Number 70 (Wednesday, April 10, 2024)]
[Notices]
[Pages 25269-25270]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. 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 <a href="/cdn-cgi/l/email-protection#f389969d929a9792dd97969f9492979cb3948092dd949c85"><span class="__cf_email__" data-cfemail="dba1beb5bab2bfbaf5bfbeb7bcbabfb49bbca8baf5bcb4ad">[email protected]</span></a>.
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:
<bullet> 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 <a href="/cdn-cgi/l/email-protection#1b5c485a497e7c487e785b7c687a357c746d"><span class="__cf_email__" data-cfemail="93d4c0d2c1f6f4c0f6f0d3f4e0f2bdf4fce5">[email protected]</span></a>. 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
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