(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 set-asides (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) $5.5 million for a requirement within the North American Industry Classification System (NAICS) codes for manufacturing; or
(ii) $3.5 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.
