[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: 48CFR19.503]



[Page 368-369]

 

            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. 19.503  Setting aside a class of acquisitions for small business.



    (a) A class of acquisitions of selected products or services, or a 

portion of the acquisitions, may be set aside for exclusive 

participation by small business concerns if individual acquisitions in 

the class will meet the criteria in 19.502-1, 19.502-2, or 19.502-3(a). 

The determination to make a class small business set-aside shall not 

depend on the existence of a current acquisition if future acquisitions 

can be clearly foreseen.

    (b) The determination to set aside a class of acquisitions for small 

business may be either unilateral or joint.

    (c) Each class small business set-aside determination shall be in 

writing and must--

    (1) Specifically identify the product(s) and service(s) it covers;

    (2) Provide that the set-aside does not apply to any acquisition 

automatically reserved for small business concerns under 19.502-2(a).

    (3) Provide that the set-aside applies only to the (named) 

contracting office(s) making the determination; and

    (4) Provide that the set-aside does not apply to any individual 

acquisition if the requirement is not severable into two or more 

economic production runs



[[Page 369]]



or reasonable lots, in the case of a partial class set-aside.

    (d) The contracting officer shall review each individual acquisition 

arising under a class small business set-aside to identify any changes 

in the magnitude of requirements, specifications, delivery requirements, 

or competitive market conditions that have occurred since the initial 

approval of the class small business set-aside. If there are any changes 

of such a material nature as to result in probable payment of more than 

a fair market price by the Government or in a change in the capability 

of small business concerns to satisfy the requirements, the contracting 

officer may withdraw or modify (see 19.506(a)) the unilateral or joint 

set-aside by giving written notice to the SBA procurement center 

representative (if one is assigned), stating the reasons.



[48 FR 42240, Sept. 19, 1989, as amended at 53 FR 43390, Oct. 26, 1988; 

60 FR 34757, July 3, 1995; 63 FR 70270, Dec. 18, 1998]