48 C.F.R. § 52.219-6

52.219-6 Notice of Total Small Business Set-Aside.

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As prescribed in 19.507(c), insert the following clause:

Notice of Total 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—

(1) Contracts that have been totally set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(End of clause)

Alternate I (MAR 2020). As prescribed in 19.507(c), substitute the following paragraph (c) for paragraph (c) of the basic clause:

(c) General. (1) Offers are solicited only from small business concerns and Federal Prison Industries, Inc. (FPI). Offers received from concerns that are not small business concerns or FPI shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to either a small business concern or FPI.

[48 FR 42478, Sept. 19, 1983, as amended at 54 FR 25069, June 12, 1989; 60 FR 48265, Sept. 18, 1995; 61 FR 39209, July 26, 1996; 68 FR 28085, May 22, 2003; 69 FR 16150, Mar. 26, 2004; 76 FR 68036, Nov. 2, 2011; 85 FR 11770, Feb. 27, 2020; 85 FR 67617, Oct. 23, 2020]

Notes of Decisions

Cited in 2 cases, 2006–2018 · leading case: Rotech Healthcare Inc. v. United States, 71 Fed. Cl. 393 (Fed. Cl. 2006).

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Rotech Healthcare Inc. v. United States, 71 Fed. Cl. 393 (Fed. Cl. 2006). · cites it 2× “” See AR at 348-50; 48 C.F.R. § 52.219-6 (c) (2005). And, as defendant concedes, the text also includes the small business size standard applicable to procurements for manufactured items, which is used any time the non-manufacturer rule applies to a procurement.”

Premier Gaming Trailers, LLC v. Luna Diversified Enters., Inc., 304 F. Supp. 3d 1270 (M.D. Fla. 2018). · cites it 2× “*1286 The regulation cited by Luna, 48 C.F.R. § 52.219-6 , defines "small business concern" as "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…”

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