[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR19.502-5]



[Page 368]

 

            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]