FAR 19.502-5 Insufficient reasons for not setting aside an acquisition
Subsection Federal Acquisition Regulation
Facts
- Citation
- FAR 19.502-5
- Type
- Subsection
- Last amended
- 85 FR 11746 Effective Mar 30, 2020
- Text as of
- FAC 2026-01
- Official text
- acquisition.gov
Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this subsection.
Text
None of the following is, in itself, sufficient cause for not setting aside an acquisition:
(a) A large percentage of previous contracts for the required item(s) has been placed with small business concerns.
(b) The item is on an established planning list under the Industrial Readiness Planning Program. However, a total small business set-aside shall not be made when the list contains a large business Planned Emergency Producer of the item(s) who has conveyed a desire to supply some or all of the required items.
(c) The item is on a Qualified Products List. However, a total small business set-aside shall not be made if the list contains the products of large businesses unless none of the large businesses desire to participate in the acquisition.
(d) A period of less than 30 days is available for receipt of offers.
(e) The acquisition is classified.
(f) Small business concerns are already receiving a fair proportion of the agency’s contracts for supplies and services.
(g) A class small business set-aside of the item or service has been made by another contracting activity.
(h) A "brand name or equal" product description will be used in the solicitation.
Federal Register history
Quick answers
What is FAR 19.502-5?
FAR 19.502-5 is a subsection of the Federal Acquisition Regulation, titled "Insufficient reasons for not setting aside an acquisition".
When was FAR 19.502-5 last changed?
The most recent final rule on record is "Federal Acquisition Regulation; Set-Asides Under Multiple-Award Contracts" (85 FR 11746), published Feb 27, 2020 and effective Mar 30, 2020.
Are changes to FAR 19.502-5 proposed?
No proposed rule from the last 3 years is waiting on a final rule.
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