(a) Reviews and timeframes. For an acquisition that exceeds the simplified acquisition threshold, if you decide not to set the acquisition aside for HUBZone Small Businesses, submit your written decision to the SBTA for review. The following reviews and timeframes apply:
|
|
|
(1) The acquisition meets any one of the following conditions:
(i) It will be a multiple award schedule contract.
(ii) The estimated value does not exceed $500 million, including options.
(iii) The contract will cover only one region or designated locations in one region (at any dollar value).
|
The SBTA provides a copy of the decision not to set aside for HUBZone small business concerns to the SBA representative for review. The SBTA and the SBA representative must complete their review within 5 workdays after the SBTA receives the decision, or request an extension from you.
|
(2) The acquisition, excluding multiple award schedule contracts, meets either one of the following conditions:
(i) The estimated value exceeds $500 million (including options) and contract performance will occur in two or more regions.
(ii) Based on political sensitivity or importance to GSA, the Associate Administrator for the Office of Small Business Utilization designates the acquisition for review.
|
The SBTA provides a copy of the decision to the AAOSBU for review and comment. After the AAOSBU review, the SBTA submits the decision to the SBA representative for review. The AAOSBU and SBTA each have 5 workdays to review the decision. All reviews and comments must be completed within 10 workdays after the SBTA receives the decision, or the SBTA must request a time extension from you.
|
(b) Disagreements. If a reviewing official disagrees with your decision not to set-aside an acquisition, the SBTA must provide you the rationale for the disagreement or provide you with additional HUBZone small business sources that are interested in and capable of fulfilling the requirement. Review and consider any information provided by the SBTA before making a decision.
(c) Resolving disagreements. The Contracting Director resolves disagreements between you and the SBTA. Disagreements with the SBA representative, are resolved consistent with FAR 19.1305(e).
(d) Setting aside a class of acquisitions.
(1) Definition. A HUBZone small business class set-aside means an item, a group of related items under a Federal Supply Class (FSC), or a whole FSC set aside for exclusive HUBZone small business participation on more than a one-time basis. If the item or group of items constitute only a small portion of an FSC, this definition still applies.
(2) Determination. If you have procurement responsibility for the class of items involved, prepare the determination required by FAR 19.503.
(3) Withdrawing or modifying HUBZone small business concern set-asides: If you and the SBTA disagree over the withdrawal or modification of a HUBZone small business set-aside, the SBTA must notify the AAOSBU at the same time the matter is referred to the SBA PCR.
