None of the following is, in itself, sufficient cause for not setting aside an acquisition:
- (a) A large percentage of previous contracts for the required item(s) has been placed with small business concerns.
- (b) The item is on an established planning list under the Industrial Readiness Planning Program. However, a total small business set-aside shall not be made when the list contains a large business Planned Emergency Producer of the item(s) who has conveyed a desire to supply some or all of the required items.
- (c) The item is on a Qualified Products List. However, a total small business set-aside shall not be made if the list contains the products of large business unless none of the large businesses desires to participate in the acquisition.
- (d) A period of less than 30 days is available for receipt of offers.
- (e) The acquisition is classified.
- (f) Small business concerns are already receiving a fair proportion of the agency's contracts for supplies and services.
- (g) A class small business set-aside of the item or service has been made by another contracting activity.
- (h) A “brand name or equal” product description will be used in the solicitation.
[48 FR 42240, Sept. 19, 1989, as amended at 63 FR 70270, 70292, Dec. 18, 1998. Redesignated at 76 FR 68035, Nov. 2, 2011. Redesignated and amended at 85 FR 11762, Feb. 27, 2020]