NONE OF THE 52-212 SERIES CLAUSES/PROVISIONS INCLUDE,EITHER BY TEXT OR BY REFERENCE, THE SMALL BUSINESS SET ASIDE NOTICE(52.219-06) INQUIRY WAS MADE AT THE AAP DESKBOOK. THE ANSWER WAS TO MERELY INDICATE ON THE FACE OF THE 1449 THAT THE ACTION WAS SET ASIDE FOR SMALL BUSINESS. DOES ANYONE THINK THIS IS SUFFICIENT? THE FAR CLEARLY STATES THAT YOU SHALL INCLUDE THE C/P. DOES ANYONE THINK THE CLAUSE IS ENFORCEABLE IF IT IS NOT INCLUDED?

By Linda Koone on Thursday, September 14, 2000 - 02:28 pm:

Anon:

If you look at the FAR Matrix, 52.219-6 doesn't show up as a clause that should be used in a commercial item procurement.

However, if you look at the commercial item clause matrix at the GSA site: GSA CI FAR Matrix, you'll find that this is a clause that should be included in CI solicitations.

Go figure.

I think you'd be okay either way.

By John Vencius on Friday, September 15, 2000 - 11:41 am:

Looks like a Christian Doctrine application to me.
If Block 10 of the 1449 shows it as a total set aside, the clause is enforceable.

While I wouldn't try to determine why it was left out of the 52.212 series of clauses/provisions, it's one I would be sure to include in full text if it were applicable.

By Anonymous on Friday, September 15, 2000 - 12:23 pm:

I WOULD BE LESS CONCERNED IF BLOCK 10 INCLUDED THE C/P NUMBER AND INDICATED IBR.