19.1304
Exclusions
FAR 19.1304 specifies when HUBZone Program requirements do not apply, ensuring contracting officers prioritize other statutory sources or programs before considering HUBZone set-asides.
Overview
FAR 19.1304 outlines specific exclusions where the HUBZone Program requirements do not apply. This section is critical for contracting professionals to determine when HUBZone set-aside or preference procedures must be bypassed in favor of other statutory or regulatory priorities. It lists five main categories of requirements that are excluded from HUBZone consideration, including those fulfilled by Federal Prison Industries, AbilityOne agencies, certain orders under indefinite-delivery contracts and Federal Supply Schedules, requirements under the 8(a) program, and commissary or exchange resale items. Understanding these exclusions ensures proper compliance and avoids misapplication of HUBZone procedures.
Key Rules
- Federal Prison Industries and AbilityOne Exclusion
- Requirements that can be satisfied by Federal Prison Industries (UNICOR) or AbilityOne agencies are not subject to HUBZone procedures.
- Indefinite-Delivery Contract Orders
- Orders under indefinite-delivery contracts are excluded, except where discretionary set-asides are permitted under FAR 16.505(b)(2)(i)(F).
- Federal Supply Schedule Orders
- Orders against Federal Supply Schedules are excluded, except for discretionary set-asides under FAR 8.405-5.
- 8(a) Program Requirements
- Requirements currently performed by an 8(a) participant or accepted by SBA for the 8(a) program are excluded unless released by SBA.
- Commissary or Exchange Resale Items
- Requirements for commissary or exchange resale items are not subject to HUBZone procedures.
Responsibilities
- Contracting Officers: Must verify if any exclusions apply before applying HUBZone procedures and document the rationale for exclusion.
- Contractors: Should be aware of these exclusions to understand when HUBZone preferences do not apply.
- Agencies: Ensure oversight and compliance with proper application of exclusions and maintain documentation for audit purposes.
Practical Implications
- This section prevents unnecessary or improper application of HUBZone procedures, streamlining acquisition and ensuring compliance with other statutory priorities. Contracting professionals must carefully review requirements to determine if an exclusion applies, as misapplication can lead to protests or procurement delays. Common pitfalls include overlooking existing 8(a) performance or failing to recognize when AbilityOne or UNICOR applies.