(a) The reserve program applies only to new awards. Modifications within the scope of work of contracts having an initial award value in excess of the $25,000 for construction and trash/garbage collection service or $50,000 for A-E service are not subject to the reserve program.
(b) Unrestricted procurements are those procurements that will not be set aside for small business under Subpart 19.5 (but must be considered for 8(a) and HUBZone set aside before conducting a full and open competition). You may make procurements of construction or trash/garbage collection services with an estimated value in excess of $25,000 and procurements of A-E services with an estimated value in excess of $50,000 on an unrestricted basis as long as annual review shows that GSA, as an agency, has attained the 40 percent goals. The 40 percent goal applies to each of the 3 subsectors in construction, to trash/garbage collection services, to A-E services, exterminating and pest control services, and landscaping services.
(c) If goal attainment, for GSA as an agency, in any individual NAICS code or product service code drops below 40 percent, the Senior Procurement Executive will reinstate small business set-asides even if the major group met the 40 percent goal. Competition will be restricted to small business, in accordance with FAR 19.5, on future procurements by the GSA contracting activities (e.g., Regions) that failed to attain the goal. Other GSA contracting activities that meet the goals will continue to use unrestricted procedures. You may continue to use unrestricted procedures if GSA fails to meet the 15 percent goal for emerging small businesses.
(d) Contract award documents. For each procurement awarded under the program, include the following statement on the award document:
“This procurement is being made under the Small Business Competitiveness Demonstration Program.”
(e) The Small Business Competitiveness Demonstration Program does not apply to construction (including repair and alteration) services acquired from a lessor under the terms and conditions of a lease for space in buildings.
