C.F.R. » Title 48 » CHAPTER 1—FEDERAL ACQUISITION REGULATION › SUBCHAPTER D—SOCIOECONOMIC PROGRAMS › PART 19—SMALL BUSINESS PROGRAMS › Subpart 19.5—Small Business Total Set-Asides, Partial Set-Asides, and Reserves

48 C.F.R. § 19.502-9

19.502-9 Withdrawing or modifying small business set-asides.

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(a) If, before award of a contract involving a total or partial small business set-aside, the contracting officer considers that award would be detrimental to the public interest (e.g., payment of more than a fair market price), the contracting officer may withdraw the small business set-aside, whether it was unilateral or joint. The contracting officer shall initiate a withdrawal of an individual total or partial small business set-aside, by giving written notice to the agency small business specialist and the SBA PCR (or, if a PCR is not assigned, see 19.402(a)) stating the reasons. In a similar manner, the contracting officer may modify a unilateral or joint class small business set-aside to withdraw one or more individual acquisitions.

(b) If the agency small business specialist does not agree to a withdrawal or modification, the case shall be promptly referred to the SBA PCR (or, if a PCR is not assigned, see 19.402(a)) for review.

(c) The contracting officer shall prepare a written statement supporting any withdrawal or modification of a small business set-aside and include it in the contract file.

[60 FR 48262, Sept. 18, 1995, as amended at 63 FR 70270, Dec. 18, 1998; 71 FR 36926, June 28, 2006. Redesignated and amended at 85 FR 11762, Feb. 27, 2020]
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: Mayvin, Inc v. United States (Fed. Cl. 2025).
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Mayvin, Inc v. United States (Fed. Cl. 2025). · cites it 4× “48 C.F.R. § 19.502-9 (a). Moreover, it specifies that “[i]f the agency small business specialist does not agree to a withdrawal or modification, the case shall be promptly referred to the SBA PCR .”
— 48 C.F.R. § 19.502-9(a) — 1 case
Mayvin, Inc v. United States (Fed. Cl. 2025). “48 C.F.R. § 19.502-9 (a). Moreover, it specifies that “[i]f the agency small business specialist does not agree to a withdrawal or modification, the case shall be promptly referred to the SBA PCR .”
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