52.219-13
Notice of Set-Aside of Orders
FAR 52.219-13 requires that contractors receive clear notice when specific orders under a multiple-award contract are set aside for small business concerns, with restrictions applying only to those orders.
Overview
FAR 52.219-13, "Notice of Set-Aside of Orders," establishes the requirements for notifying contractors when specific orders under a multiple-award contract are set aside for small business concerns. The clause allows Contracting Officers to set aside orders for small businesses as defined in FAR 19.000(a)(3), which includes various categories such as 8(a), HUBZone, SDVOSB, and WOSB. The clause requires that notice be provided for each order set aside, specifying the applicable small business program and making clear that the restrictions apply only to those orders. Alternate I mandates set-asides when certain conditions are met, referencing FAR 19.502-2 and program eligibility requirements.
Key Rules
- Set-Aside Authority
- Contracting Officers may (or must, under Alternate I) set aside orders for eligible small business concerns under multiple-award contracts.
- Notice Requirement
- Contractors must be notified when an order is set aside, including which small business program applies and the specific restrictions for that order.
- Applicability of Restrictions
- Set-aside restrictions apply only to the orders specifically identified in the notice, not to the entire contract.
Responsibilities
- Contracting Officers: Determine eligibility, provide timely notice of set-aside orders, and ensure compliance with applicable small business program requirements.
- Contractors: Monitor for set-aside notices and comply with the restrictions and requirements for each set-aside order.
- Agencies: Oversee proper implementation of set-aside procedures and maintain documentation.
Practical Implications
- This clause ensures small business participation in federal contracting by reserving certain orders for eligible firms.
- Contractors must pay close attention to order-specific notices to understand when set-aside rules apply.
- Failure to comply with set-aside restrictions can result in non-compliance or loss of contract opportunities.