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

FAR 19.502-4 Partial set-asides of 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 allows contracting officers, at their discretion, to set aside a portion of a multiple-award contract (except construction) for small business concerns when certain conditions are met. It matters because it explains when a partial set-aside can be used and what the solicitation must contain. It also states that offers from non-small-business concerns on the set-aside portion are nonresponsive and must be rejected, subject to an SBA size determination in some cases.

Applies to: Contracting officers and small business concerns on multiple-award contracts, except construction

What it requires

  • Identify in the solicitation which portion or portions are set aside and not set aside
  • Specify in the solicitation how offers shall be submitted for the set-aside and non-set-aside portions
  • Reject as nonresponsive offers from concerns that do not qualify as small business concerns on the set-aside portion
  • Obtain an SBA determination before rejecting an otherwise eligible offer due to questions concerning the size representation

Key terms: partial set-aside · multiple-award contract · small business concern · set-aside portion · nonresponsive

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

The text

(a) In accordance with section 1331 of the Small Business Jobs Act of 2010 (15 U.S.C. 644(r)(1)), contracting officers may, at their discretion, set aside a portion or portions of a multiple-award contract, except for construction, for any of the small business concerns identified at 19.000(a)(3) 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 an offer on the set-aside portion or portions of the acquisition that are competitive in terms of fair market prices, quality, and delivery; and

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

(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

← 19.502-3 Partial set-asides of contracts other than multiple-award contracts. · 19.502-5 Insufficient reasons for not setting aside an acquisition. →

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 19.502-4 Partial set-asides of multiple-award contracts · SpendQuery