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

FAR 19.502-5 Insufficient reasons for not setting aside an acquisition.

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 lists reasons that, by themselves, are not enough to justify not setting aside an acquisition for small business. It matters because it prevents contracting officers from using these common excuses to avoid a small business set-aside.

Applies to: Contracting officers making set-aside decisions

Key terms: small business set-aside · total small business set-aside · class small business set-aside · brand name or equal · Qualified Products List

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

The 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 business unless none of the large businesses desires 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.

← 19.502-4 Partial set-asides of multiple-award contracts. · 19.502-6 Setting aside a class of acquisitions for small business. →

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 19.502-5 Insufficient reasons for not setting aside an acquisition · SpendQuery