8.405-5  Small business.

2.  Amend section 8.405-5 by revising paragraph (a); and redesignating paragraphs (b) and (c) as paragraphs (c) and (d), respectively; and adding a new paragraph (b) to read as follows:

8.405-5  Small business.

(a)  Although the preference programs of part 19 are not mandatory in this subpart, in accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r))--

(1)  Ordering activity contracting officers may, at their discretion--

(i)  Set aside orders for any of the small business concerns identified in 19.000(a)(3); and

(ii)  Set aside BPAs for any of the small business concerns identified in 19.000(a)(3).

(2)  When setting aside orders and BPAs--

(i)  Follow the ordering procedures for Federal Supply Schedules at 8.405-1, 8.405-2, and 8.405-3; and

(ii)  The specific small business program eligibility requirements identified in part 19 apply.

(b)  Orders placed against schedule contracts may be credited toward the ordering activity's small business goals. For purposes of reporting an order placed with a small business schedule contractor, an ordering agency may only take credit if the awardee meets a size standard that corresponds to the work performed. Ordering activities should rely on the small business representations made by schedule contractors at the contract level.

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