Medium RiskFARSmall Business

52.219-7Notice of Partial Small Business Set-Aside.

Researched by the BidStride Research Team

What This Clause Requires

FAR 52.219-7 — Notice of Partial Small Business Set-Aside.. This clause is part of the Federal Acquisition Regulation and may be included in government contracts as a solicitation provision or contract clause.

Official Regulation Text

52.219-7 Notice of Partial Small Business Set-Aside. As prescribed in 19.507(d), insert the following clause: Notice of Partial Small Business Set-Aside (NOV 2020) (a) Definition. Small business concern, as used in this clause— (1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation. (2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103. (b) Applicability. This clause applies only to contracts that have been partially set aside for small business concerns. (c) General. (1) A portion of this requirement, identified elsewhere in this solicitation, has been set aside for award to one or more small business concerns identified in 19.000(a)(3). 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 the requirement. (2) Small business concerns may submit offers and compete for the non-set-aside portion and the set-aside portion. (d) The Offeror shall— [ Contracting Officer check as appropriate. ] __ Submit a separate offer for each portion of the solicitation for which it wants to compete ( i.e. set-aside portion, non-set-aside portion, or both); or __ Submit one offer to include all portions for which it wants to compete. (e) Partial set-asides of multiple-award contracts. (1) Small business concerns will not compete against other than smal

Source: eCFR, 48 CFR 52.219-7 (https://www.ecfr.gov/current/title-48/section-52.219-7)

Compliance Checklist

  • 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 the requirement.
  • (d) The Offeror shall— [ Contracting Officer check as appropriate.

Flow-Down to Subcontractors

No flow-down required

This clause applies only to the prime contract and does not need to be flowed down to subcontractors.

Frequently Asked Questions

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This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.