[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: 48CFR19.506]



[Page 369-370]

 

            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 370]]



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]