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FAR and DFARS › FAR Part 19: Small Business Programs › Subpart 19.5

FAR 19.502-3 Partial set-asides of contracts other than multiple-award contracts.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section tells contracting officers when they must partially set aside an acquisition for small business participation instead of setting aside the whole thing. It matters because a contractor may find that only part of a requirement is reserved for small business, and offers from non-small businesses on that reserved part will be rejected.

Applies to: Contracting officers and offerors on acquisitions other than multiple-award contracts, excluding construction

What it requires

  • The contracting officer shall set aside a portion or portions of an acquisition for exclusive small business participation when the listed conditions are met.
  • The solicitation shall identify which portion or portions are set aside and not set aside.
  • The contracting officer shall specify in the solicitation how offers shall be submitted for the set-aside and non-set-aside portions.
  • Offers from concerns that do not qualify as small business concerns shall be considered nonresponsive and rejected on the set-aside portion, but an SBA determination must be obtained before rejecting an otherwise eligible offer due to size representation questions.

Key terms: partial set-aside · total set-aside · small business concern · multiple-award contract · simplified acquisition procedures

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) The contracting officer shall set aside a portion or portions of an acquisition, except for construction, for exclusive small business participation when—

(1) Market research indicates that a total set-aside is not appropriate (see 19.502-2);

(2) The requirement can be divided into distinct portions;

(3) The acquisition is not subject to simplified acquisition procedures;

(4) Two or more responsible small business concerns are reasonably expected to submit offers on the set-aside portion or portions of the acquisition that are competitive in terms of fair market prices, quality, and delivery;

(5) The specific program eligibility requirements identified in this part apply; and

(6) The solicitation will result in a contract other than a multiple-award contract (see 2.101 for definition of multiple-award contract).

(b) When the contracting officer determines that a requirement is to be partially set aside, the solicitation shall identify which portion or portions are set aside and not set aside.

(c) The contracting officer shall specify in the solicitation how offers shall be submitted with regard to the set-aside and non-set-aside portions.

(d) Offers received from concerns that do not qualify as small business concerns shall be considered nonresponsive and shall be rejected on the set-aside portion of partial set-asides. However, before rejecting an offer otherwise eligible for award because of questions concerning the size representation, an SBA determination must be obtained (see subpart 19.3).

Sections it refers to

Sections that refer to it

  • 19.502-1 Requirements for setting aside acquisitions.
  • 19.502-2 Total small business set-asides.
  • 19.502-6 Setting aside a class of acquisitions for small business.

← 19.502-2 Total small business set-asides. · 19.502-4 Partial set-asides of multiple-award contracts. →

Rule changes for FAR Part 19

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 19.502-3 Partial set-asides of contracts other than multiple-award contracts · SpendQuery