# 19.1505 Set-aside procedures.

1. (a) The contracting officer-

   1. (1) Shall comply with 19.203 before deciding to set aside an acquisition under the WOSB Program;

   2. (2) May set aside acquisitions exceeding the micro-purchase threshold for competition restricted to EDWOSB concerns or WOSB concerns eligible under the WOSB Program when the acquisition-

      1. (i) Is assigned a NAICS code in which SBA has determined that WOSB concerns are underrepresented in Federal procurement; or

      2. (ii) Is assigned a NAICS code in which SBA has determined that WOSB concerns are substantially underrepresented in Federal procurement, as specified on SBA’s Web site at http://www.sba.gov/WOSB.

2. (b) For requirements in NAICS codes designated by SBA as underrepresented, a contracting officer may restrict competition to EDWOSB concerns if the contracting officer has a reasonable expectation based on market research that-

   1. (1) Two or more EDWOSB concerns will submit offers for the contract and;

   2. (2) Contract award will be made at a fair and reasonable price.

3. (c) A contracting officer may restrict competition to WOSB concerns eligible under the WOSB Program (including EDWOSB concerns), for requirements in NAICS codes designated by SBA as substantially underrepresented if there is a reasonable expectation based on market research that-

   1. (1) Two or more WOSB concerns eligible under the WOSB Program (including EDWOSB concerns), will submit offers and;

   2. (2) Contract award may be made at a fair and reasonable price.

4. (d) The contracting officer may make an award, if only one acceptable offer is received from a qualified EDWOSB concern or WOSB concern eligible under the WOSB Program.

5. (e) The contracting officer must check whether the apparently successful offeror filed all the required eligibility documents, and file a status protest if any documents are missing. See 19.1503(d)(2).

6. (f) If no acceptable offers are received from an EDWOSB concern or WOSB concern eligible under the WOSB Program, the set-aside shall be withdrawn and the requirement, if still valid, must be considered for set aside in accordance with 19.203 and subpart 19.5.

7. (g) If the contracting officer rejects a recommendation by SBA’s Procurement Center Representative-

   1. (1) The contracting officer shall notify the procurement center representative as soon as practicable;

   2. (2) SBA shall notify the contracting officer of its intent to appeal the contracting officer’s decision no later than five business days after receiving notice of the contracting officer’s decision;

   3. (3) The contracting officer shall suspend further action regarding the procurement until the head of the agency issues a written decision on the appeal, unless the head of the agency makes a written determination that urgent and compelling circumstances which significantly affect the interests of the United States compel award of the contract;

   4. (4) Within 15 business days of SBA’s notification to the head of the contracting activity, SBA shall file a formal appeal to the head of the agency, or the appeal will be determined withdrawn; and

   5. (5) The head of the agency, or designee, shall specify in writing the reasons for a denial of an appeal brought under this section.