Subchapter D - Socioeconomic Programs

Federal Acquisition Regulation

Federal Acquisition Regulation

Part 19 - Small Business Programs

19.000 Scope of part.

19.001 Definitions.

Subpart 19.1 - Size Standards

19.101 [Reserved]

19.102 Small business size standards and North American Industry

Classification System codes.

19.103 Appealing the contracting officer's North American Industry

Classification System code and size standard determination.

Subpart 19.2 - Policies

19.201 General policy.

19.202 Specific policies.

19.202-1 Encouraging small business participation in acquisitions.

19.202-2 Locating small business sources.

19.202-3 Equal low bids.

19.202-4 Solicitation.

19.202-5 Data collection and reporting requirements.

19.202-6 Determination of fair market price.

19.203 Relationship among small business programs.

Subpart 19.3 - Determination of Small Business Size and Status for Small Business

Programs

19.301 Representations and rerepresentations.

19.301-1 Representation by the offeror.

19.301-2 Rerepresentation by a contractor that represented itself as a

small business concern.

19.301-3 Rerepresentation by a contractor that represented itself as

other than a small business concern.

19.302 Protesting a small business representation or rerepresentation.

19.303 [Reserved].

19.304 Small disadvantaged business status.

19.305 Reviews of SDB status.

19.306 Protesting a firm’s status as a HUBZone small business concern.

19.307 Protesting a firm’s status as a service-disabled veteran-owned small

business concern.

19.308 Protesting a firm’s status as an economically disadvantaged womenowned small business concern or women-owned small business concern

eligible under the Women-Owned Small Business Program.

19.309 Solicitation provisions and contract clauses.

Subpart 19.4 - Cooperation with the Small Business Administration

19.401 General.

19.402 Small Business Administration procurement center representatives.

19.403 [Reserved].

Subpart 19.5 - Small Business Total Set-Asides, Partial Set-Asides, and Reserves

19.501 General.
19.502 Setting aside acquisitions.

19.502-1 Requirements for setting aside acquisitions.

19.502-2 Total small business set-asides.

19.502-3 Partial set-asides of contracts other than multiple-award

contracts.

19.502-4 Partial set-asides of multiple-award contracts.

19.502-5 Insufficient reasons for not setting aside an acquisition.

19.502-6 Setting aside a class of acquisitions for small business.

19.502-7 Inclusion of Federal Prison Industries, Inc.

19.502-8 Rejecting Small Business Administration recommendations.

19.502-9 Withdrawing or modifying small business set-asides.

19.502-10 Automatic dissolution of a small business set-aside.

19.502-11 Solicitation notice regarding administration of change

orders for construction.

19.503 Reserves.

19.504 Orders under multiple-award contracts.

19.505 Limitations on subcontracting and nonmanufacturer rule.

19.506 Documentation requirements.

19.507 Solicitation provisions and contract clauses.

Subpart 19.6 - Certificates of Competency and Determinations of Responsibility

19.601 General.

19.602 Procedures.

19.602-1 Referral.

19.602-2 Issuing or denying a Certificate of Competency (COC).

19.602-3 Resolving differences between the agency and the Small

Business Administration.

19.602-4 Awarding the contract.

Subpart 19.7 - The Small Business Subcontracting Program

19.701 Definitions.

19.702 Statutory requirements.

19.703 Eligibility requirements for participating in the program.

19.704 Subcontracting plan requirements.

19.705 Responsibilities of the contracting officer under the subcontracting

assistance program.

19.705-1 General.

19.705-2 Determining the need for a subcontracting plan.

19.705-3 Preparing the solicitation.

19.705-4 Reviewing the subcontracting plan.

19.705-5 Awards involving subcontracting plans.

19.705-6 Postaward responsibilities of the contracting officer.

19.705-7 Compliance with the subcontracting plan.

19.706 Responsibilities of the cognizant administrative contracting officer.

19.707 The Small Business Administration’s role in carrying out the

program.

19.708 Contract clauses.

Subpart 19.8 - Contracting with the Small Business Administration (The 8(a)

Program)

19.800 General.

19.801 [Reserved]

19.802 Determining eligibility for the 8(a) program.

19.803 Selecting acquisitions for the 8(a) Program.
19.804 Evaluation, offering, and acceptance.

19.804-1 Agency evaluation.

19.804-2 Agency offering.

19.804-3 SBA acceptance.

19.804-4 Repetitive acquisitions.

19.804-5 Basic ordering agreements.

19.804-6 Indefinite delivery contracts.

19.805 Competitive 8(a).

19.805-1 General.

19.805-2 Procedures.

19.806 Pricing the 8(a) contract.

19.807 Estimating fair market price.

19.808 Contract negotiation.

19.808-1 Sole source.

19.808-2 Competitive.

19.809 Preaward considerations.

19.809-1 Preaward survey.

19.809-2 Limitations on subcontracting and nonmanufacturer rule.

19.810 SBA appeals.

19.811 Preparing the contracts.

19.811-1 Sole source.

19.811-2 Competitive.

19.811-3 Contract clauses.

19.812 Contract administration.

19.813 Protesting an 8(a) participant's eligibility or size status.

19.814 Requesting a formal size determination (8(a) sole source

requirements).

19.815 Release for non-8(a) procurement.

19.816 Exiting the 8(a) program.

Subpart 19.9 - [Reserved]

Subpart 19.10 - [Reserved]

Subpart 19.11 - [Reserved]

Subpart 19.12 - [Reserved]

Subpart 19.13 - Historically Underutilized Business Zone (HUBZone) Program

19.1301 General.

19.1302 [Reserved].

19.1303 Status as a HUBZone small business concern.

19.1304 Exclusions.

19.1305 HUBZone set-aside procedures.

19.1306 HUBZone sole-source awards.

19.1307 Price evaluation preference for HUBZone small business concerns.

19.1308 [Reserved].

19.1309 Contract clauses.

Subpart 19.14 - Service-Disabled Veteran-Owned Small Business Procurement

Program

19.1401 General.

19.1402 Applicability.

19.1403 Status.

19.1404 Exclusions.

19.1405 Set-aside procedures.

19.1406 Sole source awards.
19.1407 [Reserved]

19.1408 Contract clauses.

Subpart 19.15 - Women-Owned Small Business Program.

19.1500 General.

19.1501 [Reserved]

19.1502 Applicability.

19.1503 Status.

19.1504 Exclusions.

19.1505 Set-aside procedures.

19.1506 Women-Owned Small Business Program sole-source awards.

19.1507 [Reserved]

19.1508 Contract clauses.

Part 20 - Reserved

Part 21 - Reserved

Part 22 - Application of Labor Laws to Government Acquisitions

22.000 Scope of part.

22.001 Definitions.

Subpart 22.1 - Basic Labor Policies

22.101 Labor relations.

22.101-1 General.

22.101-2 Contract pricing and administration.

22.101-3 Reporting labor disputes.

22.101-4 Removal of items from contractors’ facilities affected by work

stoppages.

22.102 Federal and State labor requirements.

22.102-1 Policy.

22.102-2 Administration.

22.103 Overtime.

22.103-1 Definition.

22.103-2 Policy.

22.103-3 Procedures.

22.103-4 Approvals.

22.103-5 Contract clauses.

Subpart 22.2 - Convict Labor

22.201 General.

22.202 Contract clause.

Subpart 22.3 - Contract Work Hours and Safety Standards Act

22.300 Scope of subpart.

22.301 Statutory requirement.

22.302 Liquidated damages and overtime pay.

22.303 Administration and enforcement.

22.304 Variations, tolerances, and exemptions.

22.305 Contract clause.

Subpart 22.4 - Labor Standards for Contracts Involving Construction

22.400 Scope of subpart.

22.401 Definitions.

22.402 Applicability.

22.403 Statutory, Executive Order, and regulatory requirements.

22.403-1 Construction Wage Rate Requirements statute.

22.403-2 Copeland Act.

22.403-3 Contract Work Hours and Safety Standards.
22.403-4 Executive Orders 13658 and 14026.

22.403-5 Executive Order 13706.

22.403-6 Department of Labor regulations involving construction.

22.404 Construction Wage Rate Requirements statute wage determinations.

22.404-1 Types of wage determinations.

22.404-2 General requirements.

22.404-3 Procedures for requesting wage determinations.

22.404-4 Solicitations issued without wage determinations for the

primary site of the work.

22.404-5 Expiration of project wage determinations.

22.404-6 Modifications of wage determinations.

22.404-7 Correction of wage determinations containing clerical errors.

22.404-8 Notification of improper wage determination before award.

22.404-9 Award of contract without required wage determination.

22.404-10 Posting wage determinations and notice.

22.404-11 Wage determination appeals.

22.404-12 Labor standards for contracts containing construction

requirements and option provisions that extend the term of the

contract.

22.405 [Reserved]

22.406 Administration and enforcement.

22.406-1 Policy.

22.406-2 Wages, fringe benefits, and overtime.

22.406-3 Additional classifications.

22.406-4 Apprentices and trainees.

22.406-5 Subcontracts.

22.406-6 Payrolls and statements.

22.406-7 Compliance checking.

22.406-8 Investigations.

22.406-9 Withholding from or suspension of contract payments.

22.406-10 Disposition of disputes concerning construction contract

labor standards enforcement.

22.406-11 Contract terminations.

22.406-12 Cooperation with the Department of Labor.

22.406-13 Semiannual enforcement reports.

22.407 Solicitation provision and contract clauses.

Subpart 22.5 - Use of Project Labor Agreements for Federal Construction Projects

22.501 Scope of subpart.

22.502 Definitions.

22.503 Policy.

22.504 General requirements for project labor agreements.

22.505 Solicitation provision and contract clause.

Subpart 22.6 - Contracts for Materials, Supplies, Articles, and Equipment

22.601 [Reserved]

22.602 Statutory requirements.

22.603 Applicability.

22.604 Exemptions.

22.604-1 Statutory exemptions.

22.604-2 Regulatory exemptions.

22.605 Rulings and interpretations of the statute.

22.606 [Reserved]
22.607 [Reserved]

22.608 Procedures.

22.609 [Reserved]

22.610 Contract clause.

Subpart 22.7 - [Reserved]

Subpart 22.8 - Equal Employment Opportunity

22.800 Scope of subpart.

22.801 Definitions.

22.802 General.

22.803 Responsibilities.

22.804 Affirmative action programs.

22.804-1 Nonconstruction.

22.804-2 Construction.

22.805 Procedures.

22.806 Inquiries.

22.807 Exemptions.

22.808 Complaints.

22.809 Enforcement.

22.810 Solicitation provisions and contract clauses.

Subpart 22.9 - Nondiscrimination Because of Age

22.901 Policy.

22.902 Handling complaints.

Subpart 22.10 - Service Contract Labor Standards

22.1000 Scope of subpart.

22.1001 Definitions.

22.1002 Statutory and Executive order requirements.

22.1002-1 General.

22.1002-2 Wage determinations based on prevailing rates.

22.1002-3 Wage determinations based on collective bargaining

agreements.

22.1002-4 Application of the Fair Labor Standards Act minimum wage.

22.1002-5 Executive Orders 13658 and 14026.

22.1002-6 Executive Order 13706.

22.1003 Applicability.

22.1003-1 General.

22.1003-2 Geographical coverage of the Act.

22.1003-3 Statutory exemptions.

22.1003-4 Administrative limitations, variations, tolerances, and

exemptions.

22.1003-5 Some examples of contracts covered.

22.1003-6 Repair distinguished from remanufacturing of equipment.

22.1003-7 Questions concerning applicability of the Service Contract

Labor Standards statute.

22.1004 Department of Labor responsibilities and regulations.

22.1005 [Reserved]

22.1006 Solicitation provisions and contract clauses.

22.1007 Requirement to obtain wage determinations.

22.1008 Procedures for obtaining wage determinations.

22.1008-1 Obtaining wage determinations.

22.1008-2 Successorship with incumbent contractor collective

bargaining agreement.
22.1009 Place of performance unknown.

22.1009-1 General.

22.1009-2 Attempt to identify possible places of performance.

22.1009-3 All possible places of performance identified.

22.1009-4 All possible places of performance not identified.

22.1010 Notification to interested parties under collective bargaining

agreements.

22.1011 [Reserved]

22.1012 Applicability of revisions to wage determinations.

22.1012-1 Prevailing wage determinations.

22.1012-2 Wage determinations based on collective bargaining

agreements.

22.1013 Review of wage determination.

22.1014 Delay over 60 days in bid opening or commencement of work.

22.1015 Discovery of errors by the Department of Labor.

22.1016 Statement of equivalent rates for Federal hires.

22.1017 [Reserved]

22.1018 Notification to contractors and employees.

22.1019 Additional classes of service employees.

22.1020 Seniority lists.

22.1021 Request for hearing.

22.1022 Withholding of contract payments.

22.1023 Termination for default.

22.1024 Cooperation with the Department of Labor.

22.1025 Ineligibility of violators.

22.1026 Disputes concerning labor standards.

Subpart 22.11 - Professional Employee Compensation

22.1101 Applicability.

22.1102 Definition.

22.1103 Policy, procedures, and solicitation provision.

Subpart 22.12 - [Reserved]

Subpart 22.13 - Equal Opportunity for Veterans

22.1300 Scope of subpart.

22.1301 Definitions.

22.1302 Policy.

22.1303 Applicability.

22.1304 Procedures.

22.1305 Waivers.

22.1306 Department of Labor notices and reports.

22.1307 Collective bargaining agreements.

22.1308 Complaint procedures.

22.1309 Actions because of noncompliance.

22.1310 Solicitation provision and contract clauses.

Subpart 22.14 - Employment of Workers with Disabilities

22.1400 Scope of subpart.

22.1401 Policy.

22.1402 Applicability.

22.1403 Waivers.

22.1404 Department of Labor notices.

22.1405 Collective bargaining agreements.

22.1406 Complaint procedures.
22.1407 Actions because of noncompliance.

22.1408 Contract clause.

Subpart 22.15 - Prohibition of Acquisition of Products Produced by Forced or

Indentured Child Labor

22.1500 Scope.

22.1501 Definitions.

22.1502 Policy.

22.1503 Procedures for acquiring end products on the List of Products

Requiring Contractor Certification as to Forced or Indentured Child Labor.

22.1504 Violations and remedies.

22.1505 Solicitation provision and contract clause.

Subpart 22.16 - Notification of Employee Rights Under the National Labor

Relations Act

22.1600 Scope of subpart.

22.1601 Definitions.

22.1602 Policy.

22.1603 Exceptions.

22.1604 Compliance evaluation and complaint investigations and sanctions

for violations.

22.1605 Contract clause.

Subpart 22.17 - Combating Trafficking in Persons

22.1700 Scope of subpart.

22.1701 Applicability.

22.1702 Definitions.

22.1703 Policy.

22.1704 Violations and remedies.

22.1705 Solicitation provision and contract clause.

Subpart 22.18 - Employment Eligibility Verification

22.1800 Scope.

22.1801 Definitions.

22.1802 Policy.

22.1803 Contract clause.

Subpart 22.19 - Increasing the Minimum Wage for Contractors

22.1900 Scope of subpart.

22.1901 Definitions.

22.1902 Policy.

22.1903 Applicability.

22.1904 Annual Executive Order Minimum Wage Rate.

22.1905 Enforcement of Executive Order Minimum Wage Requirements.

22.1906 Contract clause.

Subpart 22.20 - [Reserved]

Subpart 22.21 - Establishing Paid Sick Leave For Federal Contractors

22.2100 Scope of subpart.

22.2101 Definitions.

22.2102 Policy.

22.2103 Applicability.

22.2104 Exclusions.

22.2105 Paid sick leave for Federal contractors and subcontractors.

22.2106 Prohibited acts.

22.2107 Waiver of rights.

22.2108 Multiemployer plans or other funds, plans, or programs.
22.2109 Enforcement of Executive Order 13706 paid sick leave

requirements.

22.2110 Contract clause.

Part 23 - Environment, Energy and Water Efficiency, Renewable Energy Technologies,

Occupational Safety, and Drug-Free Workplace

23.000 Scope.

23.001 Definitions.

23.002 Policy.

Subpart 23.1 - Sustainable Acquisition Policy

23.101 Definition.

23.102 Authorities.

23.103 Sustainable acquisitions.

23.104 Exceptions.

23.105 Exemption authority.

Subpart 23.2 - Energy and Water Efficiency and Renewable Energy

23.200 Scope.

23.201 Authorities.

23.202 Policy.

23.203 Energy-efficient products.

23.204 Procurement exemptions.

23.205 Energy-savings performance contracts.

23.206 Contract clause.

Subpart 23.3 - Hazardous Material Identification and Material Safety Data

23.300 Scope of subpart.

23.301 Definition.

23.302 Policy.

23.303 Contract clause.

Subpart 23.4 - Use of Recovered Materials and Biobased Products

23.400 Scope of subpart.

23.401 Definitions.

23.402 Authorities.

23.403 Policy.

23.404 Agency affirmative procurement programs.

23.405 Procedures.

23.406 Solicitation provisions and contract clauses.

Subpart 23.5 - Drug-Free Workplace

23.500 Scope of subpart.

23.501 Applicability.

23.502 Authority.

23.503 Definitions.

23.504 Policy.

23.505 Contract clause.

23.506 Suspension of payments, termination of contract, and debarment and

suspension actions.

Subpart 23.6 - Notice of Radioactive Material

23.601 Requirements.

23.602 Contract clause.

Subpart 23.7 - Contracting for Environmentally Preferable Products and Services

23.700 Scope.

23.701 Definitions.

23.702 Authorities.
23.703 Policy.

23.704 Electronic products environmental assessment tool.

23.705 Contract clauses.

Subpart 23.8 - Ozone-Depleting Substances and Greenhouse Gases

23.800 Scope of subpart.

23.801 Authorities.

23.802 Policy.

23.803 Procedures.

23.804 Contract provision and clauses.

Subpart 23.9 - Contractor Compliance with Environmental Management Systems

23.900 Scope.

23.901 Authority.

23.902 Policy.

23.903 Contract clause.

Subpart 23.10 - Federal Compliance with Right-to-Know Laws and Pollution

Prevention Requirements

23.1000 Scope.

23.1001 Authorities.

23.1002 Applicability.

23.1003 Definitions.

23.1004 Requirements.

23.1005 Contract clause.

Subpart 23.11 - Encouraging Contractor Policies to Ban Text Messaging While

Driving

23.1101 Purpose.

23.1102 Applicability.

23.1103 Definitions.

23.1104 Policy.

23.1105 Contract clause.

Part 24 - Protection of Privacy and Freedom of Information

24.000 Scope of part.

Subpart 24.1 - Protection of Individual Privacy

24.101 Definitions.

24.102 General.

24.103 Procedures.

24.104 Contract clauses.

Subpart 24.2 - Freedom of Information Act

24.201 Authority.

24.202 Prohibitions.

24.203 Policy.

Subpart 24.3 - Privacy Training

24.301 Privacy training.

24.302 Contract clause.

Part 25 - Foreign Acquisition

25.000 Scope of part.

25.001 General.

25.002 Applicability of subparts.

25.003 Definitions.

Subpart 25.1 - Buy American-Supplies

25.100 Scope of subpart.

25.101 General.
25.102 Policy.

25.103 Exceptions.

25.104 Nonavailable articles.

25.105 Critical components and critical items.

25.106 Determining reasonableness of cost.

Subpart 25.2 - Buy American-Construction Materials

25.200 Scope of subpart.

25.201 Policy.

25.202 Exceptions.

25.203 Preaward determinations.

25.204 Evaluating offers of foreign construction material.

25.205 Postaward determinations.

25.206 Noncompliance.

Subpart 25.3 - Contracts Performed Outside the United States

25.301 Contractor personnel in a designated operational area or supporting

a diplomatic or consular mission outside the United States.

25.301-1 Scope.

25.301-2 Government support.

25.301-3 Weapons.

25.301-4 Contract clause.

25.302 Contractors performing private security functions outside the United

States.

25.302-1 Scope.

25.302-2 Definitions.

25.302-3 Applicability.

25.302-4 Policy.

25.302-5 Remedies.

25.302-6 Contract clause.

Subpart 25.4 - Trade Agreements

25.400 Scope of subpart.

25.401 Exceptions.

25.402 General.

25.403 World Trade Organization Government Procurement Agreement and

Free Trade Agreements.

25.404 Least developed countries.

25.405 Caribbean Basin Trade Initiative.

25.406 Israeli Trade Act.

25.407 Agreement on Trade in Civil Aircraft.

25.408 Procedures.

Subpart 25.5 - Evaluating Foreign Offers-Supply Contracts

25.501 General.

25.502 Application.

25.503 Group offers.

25.504 Evaluation examples.

25.504-1 Buy American statute.

25.504-2 WTO GPA/Caribbean Basin Trade Initiative/FTAs.

25.504-3 FTA/Israeli Trade Act.

25.504-4 Group award basis.

Subpart 25.6 - American Recovery and Reinvestment Act-Buy American statuteConstruction Materials

25.600 Scope of subpart.
25.601 Definitions.

25.602 Policy.

25.602-1 Section 1605 of the Recovery Act.

25.602-2 Buy American statute

25.603 Exceptions.

25.604 Preaward determination concerning the inapplicability of section

1605 of the Recovery Act or the Buy American statute.

25.605 Evaluating offers of foreign construction material.

25.606 Postaward determinations.

25.607 Noncompliance.

Subpart 25.7 - Prohibited Sources

25.700 Scope of subpart.

25.701 Restrictions administered by the Department of the Treasury on

acquisitions of supplies or services from prohibited sources.

25.702 Prohibition on contracting with entities that conduct restricted

business operations in Sudan.

25.702-1 Definitions.

25.702-2 Certification.

25.702-3 Remedies.

25.702-4 Waiver.

25.703 Prohibition on contracting with entities that engage in certain

activities or transactions relating to Iran.

25.703-1 Definitions.

25.703-2 Iran Sanctions Act.

25.703-3 Prohibition on contracting with entities that export sensitive

technology to Iran.

25.703-4 Waiver.

Subpart 25.8 - Other International Agreements and Coordination

25.801 General.

25.802 Procedures.

Subpart 25.9 - Customs and Duties

25.900 Scope of subpart.

25.901 Policy.

25.902 Procedures.

25.903 Exempted supplies.

Subpart 25.10 - Additional Foreign Acquisition Regulations

25.1001 Waiver of right to examination of records.

25.1002 Use of foreign currency.

25.1003 Tax on certain foreign procurements.

Subpart 25.11 - Solicitation Provisions and Contract Clauses

25.1101 Acquisition of supplies.

25.1102 Acquisition of construction.

25.1103 Other provisions and clauses.

Part 26 - Other Socioeconomic Programs

Subpart 26.1 - Indian Incentive Program

26.100 Scope of subpart.

26.101 Definitions.

26.102 Policy.

26.103 Procedures.

26.104 Contract clause.

Subpart 26.2 - Major Disaster or Emergency Assistance Activities
26.200 Scope of subpart.

26.201 Definitions.

26.202 Local area preference.

26.202-1 Local area set-aside.

26.202-2 Evaluation preference.

26.203 Transition of work.

26.204 Justification for expenditures to other than local firms.

26.205 Disaster Response Registry.

26.206 Solicitation provision and contract clauses.

Subpart 26.3 - Historically Black Colleges and Universities and Minority

Institutions

26.300 Scope of subpart.

26.301 [Reserved]

26.302 General policy.

26.303 Data collection and reporting requirements.

26.304 Solicitation provision.

Subpart 26.4 - Food Donations to Nonprofit Organizations

26.400 Scope of subpart.

26.401 Definitions.

26.402 Policy.

26.403 Procedures.

26.404 Contract clause.