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19.1305 HUBZone set-aside procedures.
(a) A
participating agency contracting officer shall set aside acquisitions
exceeding the simplified acquisition threshold for competition
restricted to HUBZone small business concerns when the requirements of
paragraph (b) of this section can be satisfied. The contracting
officer shall consider
HUBZone set-asides
before considering HUBZone sole source awards (see 19.1306) or small
business set-asides (see Subpart 19.5).
(b) To set
aside an acquisition for competition restricted to HUBZone small
business concerns, the contracting officer must have a reasonable
expectation that--
(1)
Offers will be received from two or more HUBZone small business
concerns; and
2) Award will be made at a fair market price.
(c) A
participating agency may set aside acquisitions exceeding the
micro-purchase threshold but not exceeding the simplified acquisition
threshold for competition restricted to HUBZone small business
concerns at the sole discretion of the contracting officer, provided
the requirements of paragraph (b) of
this section can be
satisfied.
(d) If the
contracting officer receives only one acceptable offer from a
qualified HUBZone small business concern in response to a set aside,
the contracting officer should make an award to that concern. If the
contracting officer receives no acceptable offers from HUBZone small
business concerns,
the HUBZone
set-aside shall be withdrawn and the requirement, if still valid, set
aside for small business concerns, as appropriate (see Subpart 19.5).
(e) The
procedures at 19.202-1 and, except for acquisitions not exceeding the
simplified acquisition threshold, at 19.402 apply to this section.
When the SBA intends to appeal a contracting officer's decision to
reject a recommendation of the SBA procurement center representative
to set aside an acquisition for competition restricted to HUBZone
small business concerns, the SBA procurement center representative
shall notify the contracting officer, in writing, of its intent within
5 working days of receiving the contracting officer's notice of
rejection. Upon receipt of notice of SBA's intent to appeal, the
contracting officer shall suspend action on the acquisition unless the
head of the contracting activity makes a written determination that
urgent and compelling circumstances, which significantly affect the
interests of the Government, exist. Within 15 working days of SBA's
notification to the contracting
officer, SBA shall file its formal appeal with the head of the
contracting activity, or that agency may consider the appeal
withdrawn. The head of the contracting activity shall reply to SBA
within 15 working days of receiving the appeal. The decision of the
head of the contracting activity shall be final.
19.1306 HUBZone
sole source awards.
(a) A
participating agency contracting officer may award contracts to
HUBZone small business concerns on a sole source basis without
considering small business set-asides (see Subpart 19.5), provided--
(1)
Only one HUBZone small business concern can satisfy the requirement;
(2) The
anticipated price of the contract, including options, will not
exceed--
i)
$5,000,000 for a requirement within the Standard Industrial
Classification (SIC) codes for manufacturing; or
(ii) $3,000,000 for a requirement within any other SIC
code;
(3) The
requirement is not currently being performed by a non-HUBZone small
business concern;
(4) The
acquisition is greater than the simplified acquisition threshold
(see Part 13);
(5) The
HUBZone small business concern has been determined to be a
responsible contractor with respect to performance; and
(6)
Award can be made at a fair and reasonable price.
(b)
The SBA has the right to appeal the contracting officer's decision
not to make a HUBZone sole source award.
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