1419.503-70 Class set-aside for construction acquisitions.

(a)  Acquisitions for construction (as defined in FAR 2.101) estimated to cost $2 million or less shall be set-aside on a class basis for exclusive participation by small business concerns. This class set-aside does not apply when:

(1)  The acquisition is procured using simplified acquisition procedures;

(2)  Use of a set-aside is precluded by the Small Business Competitiveness Demonstration Program (SBCDP) (See FAR 19.10);

(3)  A non-competitive acquisition has been approved under the procedures of FAR 6.3;

(4)  Work is to be performed outside the U.S.; or

(5)  The BPC determines that adequate competition is not likely to be obtained if the acquisition is restricted to small business concerns, applying the requirements of FAR 19.202–2.

(b)  The use of such set-asides is contingent upon current policy in effect under application of the SBCDP (See FAR 19.10).