---
kind: "section"
citation: "48 C.F.R. § 819.7010"
title: "48"
number: "819.7010"
heading: "Tiered set-aside evaluation."
url: "https://uscodex.org/cfr/48/819.7010"
---

# §819.7010. Tiered set-aside evaluation.

- (a) Pursuant to the authority of [38 U.S.C. 8127](/usc/38/8127.md) and under limited circumstances as set forth in this section, contracting officers may consider using a tiered set-aside evaluation approach to minimize delays in the re-solicitation process.
- (b) Tiered evaluation of offers is a procedure that may be used in competitive negotiated acquisitions, including construction and acquisitions for commercial products and commercial services when the VA Rule of Two (see 802.101) determination indicates a set-aside is required, but other circumstances preclude a confident conclusion that an award can be made at the SDVOSB or VOSB tier. The contracting officer—
  - (1) Solicits and receives offers from targeted tiers of small business groups, with SDVOSB as the first tier and VOSB as the second tier;
  - (2) Establishes a tiered order of priority for evaluating offers that is specified in the solicitation; and
  - (3) If no award can be made at the first tier, evaluates offers at the next lower tier, until award can be made.
- (c) Market research, which shall be conducted and documented in advance of issuing the solicitation, will inform which of the following types of tiers will be included in the solicitation:
  - (1) Tiered evaluations limited to SDVOSBs or VOSBs;
  - (2) Tiered evaluations including 8(a) and HUBZone small businesses; or
  - (3) **Tiered evaluations including all other small business concerns.**
- (d) The tiered order of priority shall be consistent with 819.7005. Consideration shall be given to HUBZone and 8(a) small business concerns before evaluating offers from other small business concerns.

## Notes

### Authority

Authority: 15 U.S.C. 631, et seq.; 15 U.S.C. 637(d)(4)(E); 38 U.S.C. 8127-8128; 40 U.S.C. 121(c); 41 U.S.C. 1121(c)(3); 41 U.S.C. 1303; 41 U.S.C. 1702; and 48 CFR 1.301 through 1.304.

### Source

Source: 87 FR 63005, Oct. 18, 2022, unless otherwise noted.