---
kind: "section"
citation: "48 C.F.R. § 19.502-4"
title: "48"
number: "19.502-4"
heading: "Partial set-asides of multiple-award contracts."
url: "https://uscodex.org/cfr/48/19.502-4"
---

# §19.502-4. Partial set-asides of multiple-award contracts.

- (a) In accordance with section 1331 of the Small Business Jobs Act of 2010 ([15 U.S.C. 644(r)(1)](/usc/15/644.md?p=r-1)), contracting officers may, at their discretion, set aside a portion or portions of a multiple-award contract, except for construction, for any of the small business concerns identified at 19.000(a)(3) when—
  - (1) Market research indicates that a total set-aside is not appropriate (see 19.502-2);
  - (2) The requirement can be divided into distinct portions;
  - (3) The acquisition is not subject to simplified acquisition procedures;
  - (4) Two or more responsible small business concerns are reasonably expected to submit an offer on the set-aside portion or portions of the acquisition that are competitive in terms of fair market prices, quality, and delivery; and
  - (5) **The specific program eligibility requirements identified in this part apply.**
- (b) When the contracting officer determines that a requirement is to be partially set aside, the solicitation shall identify which portion or portions are set aside and not set aside.
- (c) The contracting officer shall specify in the solicitation how offers shall be submitted with regard to the set-aside and non-set-aside portions.
- (d) Offers received from concerns that do not qualify as small business concerns shall be considered nonresponsive and shall be rejected on the set-aside portion of partial set-asides. However, before rejecting an offer otherwise eligible for award because of questions concerning the size representation, an SBA determination must be obtained (see [subpart 19.3](/cfr/48/subpart19.3.md)).

## Notes

### Amendments

[85 FR 11761, Feb. 27, 2020]

### Authority

Authority: 41 U.S.C. 1121(b); 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.

### Source

Source: 48 FR 42240, Sept. 19, 1983, unless otherwise noted.

### Amendments

[85 FR 11761, Feb. 27, 2020]