19.000 Scope of part
Source: FAR 19.000 on acquisition.gov
FAR 19.000 establishes the foundational scope and applicability for all federal small business contracting programs, defining eligibility, agency roles, and key procedures.
Overview
FAR 19.000 outlines the scope of Part 19, which implements acquisition-related provisions of the Small Business Act and related statutes and executive orders. This section establishes the framework for federal small business programs, including eligibility determinations, roles of agencies and the SBA, set-aside procedures, the certificate of competency program, subcontracting requirements, the 8(a) program, price evaluation preferences, and sole source awards. It also clarifies the geographic applicability of these rules and the definitions that apply to participants.
Key Rules
- Eligibility Determination
- Establishes how a business is determined eligible for small business programs.
- Agency and SBA Roles
- Defines the responsibilities of executive agencies and the SBA in program implementation.
- Set-Asides and Preferences
- Covers procedures for setting aside acquisitions for various small business categories and applying price evaluation preferences.
- Certificate of Competency and Subcontracting
- Addresses the certificate of competency program and requirements for subcontracting assistance.
- 8(a) and Sole Source Awards
- Details the 8(a) business development program and conditions for sole source awards to certain small business concerns.
- Geographic Applicability
- Specifies that these rules apply within the U.S. and its outlying areas, and may be applied elsewhere at the contracting officer’s discretion.
- Definitions
- Requires offerors to meet the definitions of “small business concern” and “concern.”
Responsibilities
- Contracting Officers: Must apply these rules in the U.S. and outlying areas, determine eligibility, and follow set-aside and preference procedures.
- Contractors: Must meet the definitions of small business concern and comply with program requirements.
- Agencies: Oversee implementation, coordinate with SBA, and ensure compliance with statutory and regulatory mandates.
Practical Implications
- This section provides the foundation for all federal small business contracting programs, ensuring opportunities for various small business categories.
- Contractors must understand eligibility and compliance requirements to participate.
- Contracting officers must be diligent in applying set-aside and preference rules, and in coordinating with the SBA.
(a) This part implements the acquisition-related sections of the Small Business Act (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section631&num=0&edition=prelim" target="_blank">15 U.S.C. 631, et seq.), applicable sections of the Armed Services Procurement Act (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3063&num=0&edition=prelim" target="_blank">10 U.S.C. 3063–3064 and https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3203&num=0&edition=prelim" target="_blank">3203), https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3104&num=0&edition=prelim" target="_blank">41 U.S.C. 3104, and Executive Order 12138, May 18, 1979. It covers—
(1) The determination that a concern is eligible for participation in the programs identified in this part;
(2) The respective roles of executive agencies and the Small Business Administration (SBA) in implementing the programs;
(3) Setting acquisitions aside, in total or in part, for exclusive competitive participation by small business, 8(a) participants, HUBZone small business concerns, service-disabled veteran-owned small business (SDVOSB) concerns eligible under the SDVOSB Program, and economically disadvantaged women-owned small business (EDWOSB) concerns and women-owned small business (WOSB) concerns eligible under the WOSB Program;
(4) The certificate of competency program;
(5) The subcontracting assistance program;
(6) The "8(a)" business development program (hereafter referred to as 8(a) program), under which agencies contract with the SBA for goods or services to be furnished under a subcontract by a small disadvantaged business concern;
(7) The use of a price evaluation preference for HUBZone small business concerns;
(8) The use of veteran-owned small business concerns;
(9) Sole source awards to HUBZone small business concerns, service-disabled veteran-owned small business concerns, and EDWOSB concerns and WOSB concerns eligible under the WOSB Program; and
(10) The use of reserves.
(b)
(1) Unless otherwise specified in this part (see Subpart 19.6 - Certificates of Competency and Determinations of Responsibility and Subpart 19.7 - The Small Business Subcontracting Program)—
(i)Contracting officers shall apply this part in the United States and its outlying areas; and
(ii)Contracting officers may apply this part outside the United States and its outlying areas.
(2)Offerors that participate in any procurement under this part are required to meet the definition of “small business concern” at 2.101 and the definition of “concern” at 19.001.