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We posted a requirement to GSA set aside for small business.  This was a simplified acquisition.  We did not receive any quotes in response to the RFQ.  Our Small Business Specialist is pushing back on approving our small business coordination for dissolving the small business set aside requirement in response to our efforts and ask for us to look further and in other places to see if the requirements can be met.  My response is that I have already posted the requirement and we received nothing back so as the CO we should be allowed to dissolve the set-aside requirement for small business and go full and open.  My question is how far do we really have to go before a set aside is dissolved.  We are a high volume office and in my opinion, it is impracticable to go above and beyond what we have already done to try and meet the requirements with a small business.  Opinions?

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You say that it was a GSA set-aside, which I assume was under the GSA Federal Supply Schedules, FAR Subpart 8.4.  Then you say that this was a simplified acquisition which is under FAR Part 13.  Which is it? 

Also, when you say "posted" the requirement, I am assuming that you mean that you posted it onto GSA eBuy.  Is that correct?

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If this acquisition was controlld by FAR Part 19, then the set-aside was withdrawn automatically dissolved under FAR 19.507 -- the small business specialist is irrelevant and his or her coordination is not required.  You might be thinking that FAR 19.506 applies.  Read both of them and decide for yourself.  

However, FAR Part 19 does not apply to a FAR Subpart 8.4 acquisition, right?  But surely this principle applies?

 

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16 minutes ago, ji20874 said:

However, FAR Part 19 does not apply to a FAR Subpart 8.4 acquisition, right?  But surely this principle applies?

Unless you are the VA, where 38 U.S.C. 8127(d) requires a set-aside for all contracts and delivery/task orders where two or more small veteran-owned business concerns will submit responses at a fair and reasonable price (SC Kingdomware Technologies, Inc. v. United States, No. 14-916 (2016)).

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All requirements under $150K SAT are mandatory for small business.  So not sure why a SB specialist needed to approve the set aside.  To me mandatory means that if you can't procure from GSA you should post open market. If no company wants to bid there, I think there may be something wrong with the requirement.   I do realize there are a few things that can only come from large business but they are usually sole source and should be justified. e.g internet service at a specific location, or software without resellers.    

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Boof,

Incorrect - all requirements under the SAT are not mandatory for small businesses - refer to FAR 19.502-1(b) regarding requirements for setting aside acquisitions which reads:

Quote

This requirement does not apply to purchases of $3,500 or less ($20,000 or less for acquisitions as described in 13.201(g)(1)), or purchases from required sources of supply under Part 8 (e.g., Committee for Purchase from People Who are Blind or Severely Disabled, and Federal Supply Schedule contracts).

 

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guy,

You tried to do a FAR Subpart 8.4 buy as a set-aside but you received no quotes.  My post above was thinking that you now still want to procure under FAR Subpart 8.4 but open to large and small schedule contractors?  Is that right?  If so, I hope my answer above is helpful.

However, if you now want to go open market, then my answer above cannot help you.  If so, you are now under FAR Part 19 for the first time. 

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