(90) Set-aside clauses designed for use in Business Systems Modernization (BSM) applications. Note that, for the acquisition of items included on the Federal Prison Industries (FPI) Schedule, FPI is permitted to submit an offer, and to have its offer be fairly considered, for any solicitation containing any of the following clauses. For these FPI Schedule items, such solicitations will only be established following a comparability determination that results in the use of competitive procedures (including set-asides). See 8.602(a)(ii)(90) and 19.502-1(b)(90), as well as FAR 19.504, 19.508(c), and 52.219-6, Alternate II.
(a) Insert the clause at 52.219-9008, Combined HUBZone/Small Business Set-Aside Instructions - Type 1, in automated solicitations and contracts in BSM applications (and legacy systems having the capability to apply cascading logic) when: values will exceed the micro-purchase threshold, but will be less than or equal to the simplified acquisition threshold; either the non-manufacturer rule applies or an exception to the rule is to be employed; and a set-aside to a HUBZone small business concern or a small business concern is anticipated.
(b) Insert the clause at 52.219-9009, Combined HUBZone/Small Business Set-Aside Instructions - Type 2, in automated solicitations and contracts in BSM applications (and legacy systems having the capability to apply cascading logic) when: values will exceed the micro-purchase threshold, but will be less than or equal to the simplified acquisition threshold; the non-manufacturer rule is waived and no exception to the rule applies; and a set-aside to a HUBZone small business concern or a small business concern is anticipated.
(c) Insert the clause at 52.219-9013, Combined Set-Aside Instructions - Type 1, in automated solicitations and contracts in BSM applications (and legacy systems having the capability to apply cascading logic) when: values will exceed the micro-purchase threshold, but will be less than or equal to the simplified acquisition threshold; either the non-manufacturer rule applies or an exception to the rule is to be employed; and a set-aside to a service-disabled veteran-owned small business concern, HUBZone small business concern, or a small business concern is anticipated.
(d) Insert the clause at 52.219-9014, Combined Set-Aside Instructions - Type 2, in automated solicitations and contracts in BSM applications (and legacy systems having the capability to apply cascading logic) when: values will exceed the micro-purchase threshold, but will be less than or equal to the simplified acquisition threshold; the non-manufacturer rule is waived and no exception to the rule applies; and a set-aside to a service-disabled veteran-owned small business concern, HUBZone small business concern, or small business concern is anticipated.
(e) Insert the clause at 52.219-9015, Combined Service-Disabled Veteran-Owned Small Business/Small Business Set-Aside Instructions - Type 1, in automated solicitations and contracts in BSM applications (and legacy systems having the capability to apply cascading logic) when: values will exceed the micro-purchase threshold, but will be less than or equal to the simplified acquisition threshold; either the non-manufacturer rule applies or an exception to the rule is to be employed; and a set-aside to a service-disabled veteran-owned small business concern or a small business concern is anticipated.
(f) Insert the clause at 52.219-9016, Combined Service-Disabled Veteran-Owned Small Business/Small Business Set-Aside Instructions - Type 2, in automated solicitations and contracts in BSM applications (and legacy systems having the capability to apply cascading logic) when: values will exceed the micro-purchase threshold, but will be less than or equal to the simplified acquisition threshold; the non-manufacturer rule is waived and no exception to the rule applies; and a set-aside to a service-disabled veteran-owned small business concern or a small business concern is anticipated.
(91) Each of the clauses at (a) through (f), above, refers to and applies multiple FAR set-aside clauses. However, only the FAR clause matching the awardee’s small business program and type representation applies to the award. See 19.590, below.