---
kind: "section"
citation: "48 C.F.R. § 19.502-5"
title: "48"
number: "19.502-5"
heading: "Insufficient reasons for not setting aside an acquisition."
url: "https://uscodex.org/cfr/48/19.502-5"
---

# §19.502-5. Insufficient reasons for not setting aside an acquisition.


None of the following is, in itself, sufficient cause for not setting aside an acquisition:

- (a) A large percentage of previous contracts for the required item(s) has been placed with small business concerns.
- (b) **The item is on an established planning list under the Industrial Readiness Planning Program.** However, a total small business set-aside shall not be made when the list contains a large business Planned Emergency Producer of the item(s) who has conveyed a desire to supply some or all of the required items.
- (c) **The item is on a Qualified Products List.** However, a total small business set-aside shall not be made if the list contains the products of large business unless none of the large businesses desires to participate in the acquisition.
- (d) **A period of less than 30 days is available for receipt of offers.**
- (e) **The acquisition is classified.**
- (f) Small business concerns are already receiving a fair proportion of the agency's contracts for supplies and services.
- (g) **A class small business set-aside of the item or service has been made by another contracting activity.**
- (h) A “brand name or equal” product description will be used in the solicitation.

## Notes

### Amendments

[48 FR 42240, Sept. 19, 1989, as amended at 63 FR 70270, 70292, Dec. 18, 1998. Redesignated at 76 FR 68035, Nov. 2, 2011. Redesignated and amended at 85 FR 11762, 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

[48 FR 42240, Sept. 19, 1989, as amended at 63 FR 70270, 70292, Dec. 18, 1998. Redesignated at 76 FR 68035, Nov. 2, 2011. Redesignated and amended at 85 FR 11762, Feb. 27, 2020]