---
title: "Record why a total small-business set-aside will not be used"
url: "https://ailawframework.com/practice/government-procurement-and-tendering/record-why-the-australian-business-or-small-business-invitation-rule-wil/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A50-CO20261022-4-US"
practice_area: "Government Procurement & Tendering"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Record why a total small-business set-aside will not be 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…

Canonical page: https://ailawframework.com/practice/government-procurement-and-tendering/record-why-the-australian-business-or-small-business-invitation-rule-wil/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Government Procurement & Tendering](https://ailawframework.com/practice/government-procurement-and-tendering.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| 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 | United States |
| Applies to | [Record why the Australian-business or small-business invitation rule will not be applied](https://ailawframework.com/practice/government-procurement-and-tendering/record-why-the-australian-business-or-small-business-invitation-rule-wil.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The lawyer files the determination. A draft that states the conclusion is not ready for the file until the lawyer adopts it.
- Partial set-asides are in FAR 19.502-3, which was not opened.

## Sources

- [FAR 19.502-2, Total small business set-asides (acquisition.gov, FAC 2026-01, effective 13 March 2026)](https://www.acquisition.gov/far/19.502-2) (checked 2026-10-22)
- [FAR 6.101, Policy (acquisition.gov, FAC 2026-01, effective 13 March 2026)](https://www.acquisition.gov/far/6.101) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*