# 19.1306 HUBZone sole source awards.

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

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

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

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

   3. (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. (4) The acquisition is greater than the simplified acquisition threshold (see part 13);

   5. (5) The HUBZone small business concern has been determined to be a responsible contractor with respect to performance; and

   6. (6) Award can be made at a fair and reasonable price.

2. (b) The SBA has the right to appeal the contracting officer’s decision not to make a HUBZone sole source award.