---
kind: "section"
citation: "48 C.F.R. § 226.7103"
title: "48"
number: "226.7103"
heading: "Procedure."
url: "https://uscodex.org/cfr/48/226.7103"
---

# §226.7103. Procedure.


In considering acquisitions for award through the [section 8(a)](/cfr/48/8.md?p=a) program (subpart [219.8](/cfr/48/subpart219.8.md) and [FAR](/cfr/48/subpartFAR.md) [subpart 19.8](/cfr/48/subpart19.8.md)) or in making set-aside decisions under subpart [219.5](/cfr/48/subpart219.5.md) and [FAR](/cfr/48/subpartFAR.md) [subpart 19.5](/cfr/48/subpart19.5.md) for acquisitions in support of a base closure or realignment, the contracting officer shall—

- (a) Determine whether there is a reasonable expectation that offers will be received from responsible business concerns located in the vicinity of the military installation that is being closed or realigned.
- (b) If offers can not be expected from business concerns in the vicinity, proceed with [section 8(a)](/cfr/48/8.md?p=a) or set-aside consideration as otherwise indicated in [part 219](/cfr/48/part219.md) and FAR [part 19](/cfr/48/part19.md).
- (c) If offers can be expected from business concerns in the vicinity—
  - (1) **Consider section 8(a) only if at least one eligible 8(a) contractor is located in the vicinity.**
  - (2) Set aside the acquisition for small business only if at least one of the expected offers is from a small business located in the vicinity.

## Notes

### Amendments

[60 FR 29499, June 5, 1995, as amended at 63 FR 41974, Aug. 6, 1998; 67 FR 11438, Mar. 14, 2002]

### Source

Source: 59 FR 12192, Mar. 16, 1994, unless otherwise noted.

### Authority

Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

### Source

Source: 56 FR 36388, July 31, 1991, unless otherwise noted.

### Amendments

[60 FR 29499, June 5, 1995, as amended at 63 FR 41974, Aug. 6, 1998; 67 FR 11438, Mar. 14, 2002]