48 C.F.R. § 6.203
6.203 Set-asides for small business concerns.
(a) To fulfill the statutory requirements relating to small business concerns, contracting officers may set aside solicitations to allow only such business concerns to compete. This includes contract actions conducted under the Small Business Innovation Research Program established under Pub. L. 97-219.
(b) No separate justification or determination and findings is required under this part to set aside a contract action for small business concerns.
(c) Subpart 19.5 prescribes policies and procedures that shall be followed with respect to set-asides.
Notes of Decisions
Cited in 4
cases, 2012–2013 · leading case: Ingenesis, Inc. v. United States, 104 Fed. Cl. 43 (Fed. Cl. 2012).
Ingenesis, Inc. v. United States, 104 Fed. Cl. 43 (Fed. Cl. 2012). “” 48 C.F.R. § 6.203 (a). Indeed, “[n]o separate justification or determination and findings is required under this part to set aside a contract action for small business concerns.”
Adams & Assocs., Inc. v. United States, 109 Fed. Cl. 340 (Fed. Cl. 2013). “48 C.F.R. § 6.203 . 9 . If plaintiff had been successful on the merits of its fair proportion argument, then we would have had cause to reconsider whether we have jurisdiction to disturb a policy decision.”
Dynamic Educ. Sys., Inc. v. United States, 109 Fed. Cl. 306 (Fed. Cl. 2013). “48 C.F.R. § 6.203 . 13 . The test is distinct from the one for a post-award protest, which requires the plaintiff to prove that the violation was prejudicial and "that, but for the alleged error, it would have had a 'substantial chance’ of winning the contract.”
Res-Care, Inc. v. United States, 107 Fed. Cl. 136 (Fed. Cl. 2012). “48 C.F.R. § 6.203 (2012). . This provision of the FAR governs the appropriate use of small business set-asides.”
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