FAR Case 2006-032, Small Business Size Rerepresentation (Comment #1)

The requirements are unclear for existing contracts: 1. Under the rule, is a Contracting Officer required to modify a contract awarded to a small business that is other than long term if the contract does not include an option to exercise? 2. Reference FAR 19.301-2(b)(1) and (2): Do the words "within 30 days after execution of a novation agreement" and "within 30 days of a merger or acquisition" assume that the clause 53.219-28 is already in the contract? The language here can be interpreted two different ways. One scenario is that the small business must rerepresent upon three different set of circumstances, (1) after execution of a novation agreement, (2) after merger or acquisition, OR (3) after the clause 52.219- 28 is added to the contract. In this scenario, if the clause is not already in the contract, how would a small business rerepresent after execution of a novation agreement or a merger/acquisition? The second scenario assumes that the clause is already in the contract and upon execution of a novation agreement or after a merger/acquisition, the small business rerepresents itself.