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FAC Number: 2023-01
Effective Date: 01/31/2023

52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award.

52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award.

As prescribed in 19.1309(a), insert the following clause:

Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022)

      (a) Definitions. HUBZone small business concern, as used in this clause, means a small business concern, certified by the Small Business Administration (SBA), that appears on the List of Qualified HUBZone Small Business Concerns maintained by the SBA ( 13 CFR 126.103).

      (b) Applicability. This clause applies only to-

           (1) Contracts that have been set aside or awarded on a sole-source basis to, HUBZone small business concerns;

           (2) Part or parts of a multiple-award contract that have been set aside for HUBZone small business concerns;  

           (3) Orders set aside for HUBZone small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and

           (4) Orders issued directly to HUBZone small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii).

      (c) General.

(1) Offers are solicited only from HUBZone small business concerns. Offers received from concerns that are not HUBZone small business concerns will not be considered.

           (2) Any award resulting from this solicitation will be made to a HUBZone small business concern.

      (d) Joint venture. A joint venture may be considered a HUBZone concern if—

           (1) At least one party to the joint venture is a HUBZone small business concern and complies with 13 CFR 126.616(c); and

           (2) Each party to the joint venture qualifies as small under the size standard for the solicitation, or the protégé is small under the size standard for the solicitation in a joint venture comprised of a mentor and protégé with an approved mentor-protégé agreement under the SBA mentor-protégé program.

      (e) A HUBZone joint venture agrees that, in the performance of the contract, at least 40 percent of the aggregate work performed by the joint venture shall be completed by the HUBZone small business parties to the joint venture. Work performed by the HUBZone small business party or parties to the joint venture must be more than administrative functions.

(End of clause)

 

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