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Section 519.502-70: Review of non-set-aside determinations.

Acquisition expected to exceed $100,000.

(a) GSA Form 2689, Procurement Not Set Aside. If you decide that an acquisition expected to exceed $100,000 cannot be set aside for small business, record your decision on GSA Form 2689. Submit the form to the SBTA for review.

(b) Reviews and timeframes.

    If…

    Then…

    (1) The acquisition meets any one of the following conditions:

    (i) It will be a multiple award schedule contract.

    (ii) The estimated value does not exceed $500 million, including options.

    (iii) The contract will cover only one region or designated locations in one region (at any dollar value).

    The SBTA provides a copy of the GSA Form 2689 to the SBA representative for review. The SBTA and the SBA representative must complete their review within 5 workdays after the SBTA receives the Form, or request an extension from you.

    (2) The acquisition, excluding multiple award schedule contracts, meets either one of the following conditions:

    (i) The estimated value exceeds $500 million (including options) and contract performance will occur in two or more regions.

    (ii) Based on political sensitivity or importance to GSA, the Associate Administrator for the Office of Small Business Utilization designates the acquisition for review.

    The SBTA provides a copy of the GSA Form 2689 to the AAOSBU for review and comment on the decision. After the AAOSBU review, the SBTA submits the GSA Form 2689 to the SBA representative for review. The AAOSBU and SBTA each have 5 workdays to review the decision. All reviews and comments must be completed within 10 workdays after the SBTA receives the Form, or the SBTA must request a time extension from you.

(c) Disagreements. If a reviewing official disagrees with your decision not to set-aside an acquisition, the SBTA must provide you the rationale for the disagreement or provide you with additional small business sources that are interested in and capable of fulfilling the requirement. Review and consider any information provided by the SBTA before making a decision.

(d) Resolving disagreements. The Contracting Director resolves disagreements between you and the SBTA. To resolve disagreements with the SBA representative, see FAR 19.505.




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