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19.1306 HUBZone sole source awards.

19.1306 HUBZone sole source awards.

      (a) A contracting officer shall consider a contract award to a HUBZone small business concern on a sole source basis (see 6.302-5(b)(5)) before considering a small business set-aside (see 19.203 and subpart 19.5), provided none of the exclusions at 19.1304 apply; and-

           (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) $7 million for a requirement within the North American Industry Classification System (NAICS) codes for manufacturing; or

                (ii) $4 million for a requirement within all other NAICS codes;

           (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.