19.1306  HUBZone sole source awards.

FAC 2005 - 45 OCTOBER 1, 2010

FAC 2005-43 AUGUST 2, 2010

(a)  A contracting officer may award contracts to HUBZone small business concerns on a sole source basis (see 19.501 (c) and 6.302-5 (b)(5)) before considering small business setasides (see Subpart 19.5), provided-

(1)  The contracting officer does not have a reasonable expectation that offers would be received from two or more HUBZone small business concerns;

(2)  The anticipated price of the contract, including options, will not exceed-

(i)  $6.5 million for a requirement within the North American Industry Classification System (NAICS) codes for manufacturing; or

(ii)  $4 million for a requirement within any other NAICS code;

(3)  The requirement is not currently being performed by an 8(a) participant under the provisions of Subpart 19.8 or has been accepted as a requirement by SBA under Subpart 19.8;

(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.