(a) Acquisitions for construction (as defined in FAR 2.101) estimated to cost $2 million or less shall be set-aside on a class basis for exclusive participation by small business concerns. This class set-aside does not apply when:
(1) The acquisition is procured using simplified acquisition procedures;
(2) Use of a set-aside is precluded by the Small Business Competitiveness Demonstration Program (SBCDP) (See FAR 19.10);
(3) A non-competitive acquisition has been approved under the procedures of FAR 6.3;
(4) Work is to be performed outside the U.S.; or
(5) The BPC determines that adequate competition is not likely to be obtained if the acquisition is restricted to small business concerns, applying the requirements of FAR 19.202-2.
(b) The use of such set-asides is contingent upon current policy in effect under application of the SBCDP (See FAR 19.10).
