Proposed Rule Clarifies Market Research Requirements for R&D Contract Set-Asides

August 14, 2012

A proposed rule published in Friday's Federal Register would amend Federal Acquisition Regulation (FAR) 19.502-2(b)(2) to clarify that contracting officers shall set aside research and development (R&D) acquisitions above the simplified acquisition threshold when market research indicates there are small businesses capable of providing the best scientific and technological approaches. The rule would further clarify that the basis for the contracting officer's decision to set aside or not to set aside such acquisitions lies in the objective evidence obtained from the market research. The change was requested by the Small Business Administration, which noted that language at FAR 19.502-2(b)(2) has been interpreted as establishing an additional unique condition that must be met before a contracting officer can proceed with a small business set aside for R&D acquisitions. The requirement to conduct market research in advance of a small business set-aside is not a new or additional requirement, and applies to all small business set-asides. Comments on the proposed rule are due by October 9, 2012, to be considered in the formation of the final rule.

Source Articles:  

Small Business Set Asides for Research and Development Contracts [Source: Federal Register, Publication Date: 8/10/2012]

This article was originally published in ASI Government’s Daily Acquisition News and is distributed by the National Contract Management Association, with permission of ASI Government.

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