What FAR Part 19 / 48 CFR Part 19 - Small Business Programs and Set-Asides (Federal Acquisition Regulation) requires
Federal Acquisition Regulation (FAR) Part 19 / 48 CFR Part 19 implements the Small Business Act (15 USC 631 et seq.) across federal agencies, establishing the framework for small business set-asides, partial set-asides, sole-source awards, subcontracting plans, and certificate-of-competency procedures; the foundational mechanism is the 'Rule of Two' at FAR 19.502-2, requiring contracting officers to set aside acquisitions for small business when there is reasonable expectation that offers will be received from at least two responsible small business concerns AND the award will be made at a fair market price; FAR Part 19 covers the 8(a) Business Development Program (FAR Subpart 19.8) for socially and economically disadvantaged small businesses, the HUBZone Program (FAR Subpart 19.13) for historically underutilized business zone concerns, the Service-Disabled Veteran-Owned Small Business (SDVOSB) Program (FAR Subpart 19.14), the Women-Owned Small Business (WOSB/EDWOSB) Program (FAR Subpart 19.15), and small business subcontracting plans (FAR Subpart 19.7); the small business programs are subject to size standards at 13 CFR Part 121 (varying by NAICS code), with SBA Office of Hearings and Appeals jurisdiction for size protests, and they intersect with the Buy American Act preferences and trade agreement waivers at FAR Part 25.
Pillar: Public Sector & Government Procurement · Authority: Federal Acquisition Regulatory Council (FARC) - jointly issued by the Department of Defense, General Services Administration, and NASA pursuant to 41 USC 1303 - codified in Title 48 of the Code of Federal Regulations Chapter 1 · Version: 1.0.0 · Last updated:
Primary source: https://www.acquisition.gov/far/part-19
SHA-256 integrity: 5df42687e456551b121f1b489d00f88603eaaa063446bdc1e6a887ca7bc1064c
Primary Citations — 5 traced to source
- FAR 19.502-2 RULE OF TWO TOTAL SET-ASIDE: 'The contracting officer shall set aside any acquisition over the simplified acquisition threshold for small business participation when there is a reasonable expectation that (1) offers will be obtained from at least two responsible small business concerns offering the products of different small business concerns; and (2) award will be made at fair market prices.'
- FAR Part 19 Section 19.000 SCOPE: 'This part implements the acquisition-related sections of the Small Business Act (15 U.S.C. 631, et seq.) and Executive Order 12138. It covers the following: (1) The determination of a concern as a small business or other eligible business; (2) Agency and Small Business Administration (SBA) roles and responsibilities; (3) Setting acquisitions aside for exclusive competitive participation by small business, 8(a) participants, HUBZone small business, service-disabled veteran-owned small business, or women-owned small business; (4) The Certificate of Competency program; (5) Subcontracting assistance to small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns.'
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