Record why a total small-business set-aside will not be used
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Set out the anticipated value band, whether the buy is over the simplified acquisition threshold, and the facts the lawyer has marked as the reasons two responsible small businesses, or a fair-market-price award, are not expected. Do not write the determination.
- What the lawyer must review
- The lawyer writes the determination. Under FAR 19.502-2(a), a buy above the micro-purchase threshold and not over the simplified acquisition threshold is set aside unless the contracting officer determines there is not a reasonable expectation of offers from two or more responsible small businesses competitive on fair market price, quality, and delivery. Under FAR 19.502-2(b), a buy over the simplified acquisition threshold shall be set aside when offers are expected from at least two responsible small businesses and award will be made at fair market prices. Past history and market research matter, and they are not the only factors. A research-and-development set-aside also needs a reasonable expectation of the best scientific and technological sources. The opened text does not name a form for the determination. FAR 6.101 still requires full and open competition except for the exceptions in subparts 6.2 and 6.3, which were not opened.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.