52.219-6
Notice of Total Small Business Set-Aside
FAR 52.219-6 mandates that only eligible small businesses (and FPI, if Alternate I applies) can compete for and receive awards on total small business set-aside contracts, ensuring exclusive opportunities for small business participation.
Overview
FAR 52.219-6, Notice of Total Small Business Set-Aside, establishes requirements for solicitations and contracts that are exclusively reserved for small business concerns. The clause defines what constitutes a small business, outlines the applicability of the set-aside, and specifies that only small businesses (or, in Alternate I, small businesses and Federal Prison Industries, Inc.) are eligible to submit offers and receive awards under these solicitations. The clause ensures that certain federal contracting opportunities are reserved to foster small business participation and competition.
Key Rules
- Definition of Small Business Concern
- A small business concern must be independently owned and operated, not dominant in its field, and meet the size standards specified in the solicitation. Affiliation rules, as determined by the SBA, apply.
- Applicability
- The clause applies to contracts and orders that are totally set aside for small businesses, including certain orders under multiple-award contracts.
- Offer and Award Restrictions
- Only offers from eligible small businesses (or FPI, if Alternate I is used) will be considered; others are deemed nonresponsive and rejected. Awards will only be made to eligible entities.
Responsibilities
- Contracting Officers: Must include this clause in applicable solicitations and ensure only eligible offers are considered.
- Contractors: Must verify and certify their small business status and ensure compliance with size standards and affiliation rules.
- Agencies: Must monitor compliance and enforce set-aside requirements.
Practical Implications
- This clause is critical for ensuring small businesses have exclusive access to certain federal contracting opportunities. Contractors must be diligent in confirming their eligibility, as non-compliance leads to rejection of offers. Contracting officers must strictly enforce these requirements to maintain the integrity of the set-aside program.