FAR and DFARS › DFARS Part 226: Other Socioeconomic Programs › Subpart 226.71

DFARS 226.7103 Procedure.

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 the contracting officer how to handle acquisitions tied to a base closure or realignment when using the 8(a) program or small-business set-asides. The officer must first judge whether businesses near the closing or realigning installation are likely to submit offers, and that judgment affects whether 8(a) or set-aside procedures can be used. It matters because it can limit set-asides to firms located near the affected installation.

Applies to: Contracting officers making 8(a) or set-aside decisions for acquisitions supporting a base closure or realignment

What it requires

  • Determine whether there is a reasonable expectation that offers will be received from responsible business concerns located in the vicinity of the military installation being closed or realigned.
  • If offers cannot be expected from business concerns in the vicinity, proceed with section 8(a) or set-aside consideration as otherwise indicated in part 219 and FAR part 19.
  • If offers can be expected from business concerns in the vicinity, consider section 8(a) only if at least one eligible 8(a) contractor is located in the vicinity.
  • If offers can be expected from business concerns in the vicinity, set aside the acquisition for small business only if at least one of the expected offers is from a small business located in the vicinity.

Key terms: section 8(a) program · set-aside · base closure or realignment · small business · vicinity

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

The text

In considering acquisitions for award through the section 8(a) program (subpart 219.8 and FAR subpart 19.8) or in making set-aside decisions under subpart 219.5 and FAR subpart 19.5 for acquisitions in support of a base closure or realignment, the contracting officer shall—

(a) Determine whether there is a reasonable expectation that offers will be received from responsible business concerns located in the vicinity of the military installation that is being closed or realigned.

(b) If offers can not be expected from business concerns in the vicinity, proceed with section 8(a) or set-aside consideration as otherwise indicated in part 219 and FAR part 19.

(c) If offers can be expected from business concerns in the vicinity—

(1) Consider section 8(a) only if at least one eligible 8(a) contractor is located in the vicinity.

(2) Set aside the acquisition for small business only if at least one of the expected offers is from a small business located in the vicinity.

← 226.7102 Policy. · 226.7104 Other considerations. →

Rule changes for DFARS Part 226

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

DFARS 226.7103 Procedure · SpendQuery