[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR19.506]

[Page 356-357]
 
            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.  19.506  Withdrawing or modifying small business set-asides.

    (a) If, before award of a contract involving a small business set-
aside, the

[[Page 357]]

contracting officer considers that award would be detrimental to the 
public interest (e.g., payment of more than a fair market price), the 
contracting officer may withdraw the small business set-aside 
determination whether it was unilateral or joint. The contracting 
officer shall initiate a withdrawal of an individual small business set-
aside by giving written notice to the agency small business specialist 
and the SBA procurement center representative, if one is assigned, 
stating the reasons. In a similar manner, the contracting officer may 
modify a unilateral or joint class small business set-aside to withdraw 
one or more individual acquisitions.
    (b) If the agency small business specialist does not agree to a 
withdrawal or modification, the case shall be promptly referred to the 
SBA representative (if one is assigned) for review. If an SBA 
representative is not assigned, disagreements between the agency small 
business specialist and the contracting officer shall be resolved using 
agency procedures. However, the procedures are not applicable to 
automatic dissolutions of small business set-asides (see 19.507) or 
dissolution of small business set-asides under $100,000.
    (c) The contracting officer shall prepare a written statement 
supporting any withdrawal or modification of a small business set-aside 
and include it in the contract file.

[60 FR 48262, Sept. 18, 1995, as amended at 63 FR 70270, Dec. 18, 1998]