Set-asides for small business concerns
Contracting officers can set aside solicitations exclusively for small businesses without additional justification, but must follow Subpart 19.5 procedures.
Overview
FAR 6.203 authorizes contracting officers to set aside solicitations exclusively for small business concerns to meet statutory requirements supporting small business participation in federal contracting. This provision applies to all contract actions, including those under the Small Business Innovation Research (SBIR) Program. Importantly, contracting officers do not need to prepare a separate justification or determination and findings (D&F) to implement a small business set-aside. Instead, they must follow the detailed policies and procedures outlined in FAR Subpart 19.5, which governs the execution of set-asides for small businesses.
Key Rules
- Authority to Set Aside for Small Business
- Contracting officers may restrict competition to small business concerns to fulfill statutory requirements, including SBIR contracts.
- No Separate Justification Required
- No additional justification or D&F is needed to set aside a contract for small businesses under this part.
- Follow Subpart 19.5 Procedures
- All set-aside actions must comply with the policies and procedures in FAR Subpart 19.5.
Responsibilities
- Contracting Officers: Determine when a set-aside is appropriate, implement set-asides without additional justification, and follow Subpart 19.5 procedures.
- Contractors: Ensure eligibility as a small business concern and comply with set-aside solicitation requirements.
- Agencies: Oversee compliance with small business set-aside policies and ensure statutory goals are met.
Practical Implications
- This section enables agencies to promote small business participation without administrative hurdles, streamlining the set-aside process.
- Contractors must be vigilant about their small business status and understand set-aside requirements.
- Common pitfalls include failing to follow Subpart 19.5 or misunderstanding eligibility criteria.