[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR19.502-5]

[Page 356]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 19--SMALL BUSINESS PROGRAMS--Table of Contents
 
               Subpart 19.5--Set-Asides for Small Business
 
Sec. 19.502-5  Insufficient causes for not setting aside an acquisition.

    None of the following is, in itself, sufficient cause for not 
setting aside an acquisition:
    (a) A large percentage of previous contracts for the required 
item(s) has been placed with small business concerns.
    (b) The item is on an established planning list under the Industrial 
Readiness Planning Program. However, a total small business set-aside 
shall not be made when the list contains a large business Planned 
Emergency Producer of the item(s) who has conveyed a desire to supply 
some or all of the required items.
    (c) The item is on a Qualified Products List. However, a total small 
business set-aside shall not be made if the list contains the products 
of large business unless none of the large businesses desires to 
participate in the acquisition.
    (d) A period of less than 30 days is available for receipt of 
offers.
    (e) The acquisition is classified.
    (f) Small business concerns are already receiving a fair proportion 
of the agency's contracts for supplies and services.
    (g) A class small business set-aside of the item or service has been 
made by another contracting activity.
    (h) A ``brand name or equal'' product description will be used in 
the solicitation.

[48 FR 42240, Sept. 19, 1989, as amended at 63 FR 70270, 70292, Dec. 18, 
1998]