SMALL BUSINESSFAR Part 19 (Small Business Programs)

FAR 52.219-6: Notice of Total Small Business Set-Aside

Official federal procurement regulation analysis, contractor performance obligations, and risk mitigation strategies for small businesses.

REGULATORY CONTEXT

What It Means in Plain English

Official Acquisition.gov Text ↗

Specifies that the procurement is totally reserved for small business concerns. Offers received from firms that do not qualify as small businesses under the solicitation's designated NAICS code will be rejected as non-responsive.

Where This Clause Appears in Federal RFPs:

Included in all total small business set-aside solicitations and contracts exceeding the micro-purchase threshold.

Mandatory Statutory Requirements

  • Strict Size Eligibility: Offerors must qualify as small business concerns under the size standard for the NAICS code assigned to the solicitation at the date of initial proposal submission.
  • Nonmanufacturer Rule: On supply set-asides, if the contractor is not the manufacturer, it must provide products made by a domestic small business manufacturer unless an SBA class waiver exists.
  • Joint Venture Compliance: Joint ventures are permitted provided all SBA affiliation and mentor-protégé requirements under 13 CFR 121 are met.

Contractor Compliance Obligations

  • Verify that your SAM.gov registration includes the exact NAICS code specified in the solicitation.
  • Ensure your 5-year average annual gross revenue or employee count does not exceed the published SBA size limit.
⚠️ Audit Trap & High-Risk Pitfall

Bidding on a set-aside when your business has exceeded the size standard before submitting the bid can lead to size protests from competitors and debarment.

Frequently Asked Questions About FAR 52.219-6

When is my small business size determined?

Size is determined as of the date the offeror submits its initial written proposal containing pricing to the contracting agency.

Related Procurement Clauses

FAR 52.219-14

Limitations on Subcontracting (The 50% Rule)

When a small business wins a set-aside contract, it cannot simply broker the deal to a large business or non-qualified subcontractor. The prime contractor (and its similarly situated small business teammates) must perform at least a specified minimum percentage of the contract value or labor cost.

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DFARS 252.204-7012

Safeguarding Covered Defense Information & Cyber Incident Reporting (CMMC / NIST 800-171)

Requires all Department of Defense contractors and subcontractors handling Covered Defense Information (CDI) or Controlled Unclassified Information (CUI) to provide 'adequate security' by implementing the 110 security controls of NIST SP 800-171, record a score in SPRS, and report cyber incidents within 72 hours.

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FAR 52.204-27

Prohibition on a ByteDance Covered Application (TikTok Federal Ban)

Strictly bans the presence or use of TikTok or any application developed or provided by ByteDance Limited on any information technology used by contractors in the performance of federal contracts, including personal devices used under BYOD policies.

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