48 CFR § 19.502-9 - 19.502-9 Withdrawing or modifying small business set-asides.

---
identifier: "/us/cfr/t48/s19.502-9"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 19.502-9 - 19.502-9   Withdrawing or modifying small business set-asides."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "19.502-9"
section_name: "19.502-9   Withdrawing or modifying small business set-asides."
chapter_number: 1
chapter_name: "FEDERAL ACQUISITION REGULATION"
subchapter_number: "D"
subchapter_name: "SOCIOECONOMIC PROGRAMS"
part_number: "19"
part_name: "SMALL BUSINESS PROGRAMS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "41 U.S.C. 1121(b); 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113."
regulatory_source: "48 FR 42240, Sept. 19, 1983, unless otherwise noted."
cfr_part: "19"
---


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

(a) If, before award of a contract involving a total or partial small business set-aside, the contracting officer considers that award would be detrimental to the public interest (e.g., payment of more than a fair market price), the contracting officer may withdraw the small business set-aside, whether it was unilateral or joint. The contracting officer shall initiate a withdrawal of an individual total or partial small business set-aside, by giving written notice to the agency small business specialist and the SBA PCR (or, if a PCR is not assigned, see 19.402(a)) stating the reasons. In a similar manner, the contracting officer may modify a unilateral or joint class small business set-aside to withdraw one or more individual acquisitions.

(b) If the agency small business specialist does not agree to a withdrawal or modification, the case shall be promptly referred to the SBA PCR (or, if a PCR is not assigned, see 19.402(a)) for review.

(c) The contracting officer shall prepare a written statement supporting any withdrawal or modification of a small business set-aside and include it in the contract file.

[60 FR 48262, Sept. 18, 1995, as amended at 63 FR 70270, Dec. 18, 1998; 71 FR 36926, June 28, 2006. Redesignated and amended at 85 FR 11762, Feb. 27, 2020]