Part 19 Small Business Programs
Source: FAR 19 on acquisition.gov
FAR Part 19 establishes the framework and requirements for maximizing small business participation in federal contracting through set-asides, status determinations, and targeted programs.
Overview
FAR Part 19, Small Business Programs, establishes the policies and procedures for promoting and ensuring the participation of small businesses in federal contracting. It covers the determination of small business size standards, set-aside requirements, subcontracting plans, cooperation with the Small Business Administration (SBA), and specific programs for disadvantaged, HUBZone, service-disabled veteran-owned, and women-owned small businesses. The part is organized into subparts that address size standards, policies, status determinations, set-asides, certificates of competency, subcontracting, the 8(a) program, and other targeted small business initiatives. Each subpart provides detailed rules for eligibility, solicitation, award, and administration of contracts involving small business concerns. The overall goal is to maximize opportunities for small businesses to compete for and perform federal contracts, in accordance with statutory requirements and government-wide policy objectives.
Key Rules
- Size Standards and Status
- Establishes how businesses are classified as small, including use of NAICS codes and SBA determinations.
- Set-Asides and Reserves
- Details when and how acquisitions must be set aside for small businesses, including total and partial set-asides.
- Subcontracting Plans
- Requires large contractors to submit and comply with subcontracting plans to ensure small business participation.
- Special Small Business Programs
- Provides procedures for 8(a), HUBZone, service-disabled veteran-owned, and women-owned small business programs.
- Cooperation with SBA
- Outlines the roles of SBA representatives and the process for resolving disputes or appeals regarding small business status.
Responsibilities
- Contracting Officers: Must identify opportunities for small business participation, apply set-aside rules, verify status, and enforce compliance with subcontracting plans.
- Contractors: Must accurately represent their size/status, comply with set-aside and subcontracting requirements, and maintain required documentation.
- Agencies: Oversee implementation, report on small business participation, and coordinate with SBA as needed.
Practical Implications
- FAR Part 19 ensures small businesses have fair access to federal contracts, supporting economic growth and diversity in the supplier base.
- Contractors must be vigilant in understanding eligibility, set-aside rules, and reporting obligations to avoid compliance issues.
- Common pitfalls include misrepresentation of size/status, failure to comply with subcontracting plans, and overlooking set-aside opportunities.
19.102 Small business size standards and North American Industry Classification System codes.
19.202-1 Encouraging small business participation in acquisitions.
19.202-2 Locating small business sources.
19.202-5 Data collection and reporting requirements.
19.202-6 Determination of fair market price.
19.203 Relationship among small business programs.
Subpart 19.3 - Determination of Small Business Size and Status for Small Business Programs
19.301 Representations and rerepresentations.
19.301-1 Representation by the offeror.
19.301-2 Rerepresentation by a contractor that represented its status as a small business concern.
19.302 Protesting a small business representation or rerepresentation.
19.304 Small disadvantaged business status.
19.306 Protesting a firm’s status as a HUBZone small business concern.
19.307 Protesting a firm’s status as a service-disabled veteran-owned small business concern.
19.309 Solicitation provisions and contract clauses.
Subpart 19.4 - Cooperation with the Small Business Administration
19.402 Small Business Administration procurement center representatives.
Subpart 19.5 - Small Business Total Set-Asides, Partial Set-Asides, and Reserves
19.502 Setting aside acquisitions.
19.502-1 Requirements for setting aside acquisitions.
19.502-2 Total small business set-asides.
19.502-3 Partial set-asides of contracts other than multiple-award contracts.
19.502-4 Partial set-asides of multiple-award contracts.
19.502-5 Insufficient reasons for not setting aside an acquisition.
19.502-6 Setting aside a class of acquisitions for small business.
19.502-7 Inclusion of Federal Prison Industries, Inc.
19.502-8 Rejecting Small Business Administration recommendations.
19.502-9 Withdrawing or modifying small business set-asides.
19.502-10 Automatic dissolution of a small business set-aside.
19.502-11 Solicitation notice regarding administration of change orders for construction.
19.504 Orders under multiple-award contracts.
19.505 Limitations on subcontracting and nonmanufacturer rule.
19.506 Documentation requirements.
19.507 Solicitation provisions and contract clauses.
Subpart 19.6 - Certificates of Competency and Determinations of Responsibility
19.602-2 Issuing or denying a Certificate of Competency (COC).
19.602-3 Resolving differences between the agency and the Small Business Administration.
19.602-4 Awarding the contract.
Subpart 19.7 - The Small Business Subcontracting Program
19.702 Statutory requirements.
19.703 Eligibility requirements for participating in the program.
19.704 Subcontracting plan requirements.
19.705 Responsibilities of the contracting officer under the subcontracting assistance program.
19.705-2 Determining the need for a subcontracting plan.
19.705-3 Preparing the solicitation.
19.705-4 Reviewing the subcontracting plan.
19.705-5 Awards involving subcontracting plans.
19.705-6 Postaward responsibilities of the contracting officer.
19.705-7 Compliance with the subcontracting plan.
19.706 Responsibilities of the cognizant administrative contracting officer.
19.707 The Small Business Administration’s role in carrying out the program.
Subpart 19.8 - Contracting with the Small Business Administration (The 8(a) Program)
19.802 Determining eligibility for the 8(a) program.
19.803 Selecting acquisitions for the 8(a) Program.
19.804 Evaluation, offering, and acceptance.
19.804-4 Repetitive acquisitions.
19.804-5 Basic ordering agreements and blanket purchase agreements.
19.804-6 Indefinite delivery contracts.
19.806 Pricing the 8(a) contract.
19.807 Estimating fair market price.
19.809 Preaward considerations.
19.809-2 Limitations on subcontracting and nonmanufacturer rule.
19.811 Preparing the contracts.
19.812 Contract administration.
19.813 Protesting an 8(a) participant's eligibility or size status.
19.814 Requesting a formal size determination (8(a) sole source requirements).
19.815 Release and notification requirements for non-8(a) procurement.
19.816 Exiting the 8(a) program.
Subpart 19.13 - Historically Underutilized Business Zone (HUBZone) Program
19.1303 Status as a HUBZone small business concern.
19.1305 HUBZone set-aside procedures.
19.1306 HUBZone sole-source awards.
19.1307 Price evaluation preference for HUBZone small business concerns.
Subpart 19.14 - Service-Disabled Veteran-Owned Small Business Program
Subpart 19.15 - Women-Owned Small Business Program.
19.1506 Women-Owned Small Business Program sole-source awards.