19.1309 Contract clauses
Source: FAR 19.1309 on acquisition.gov
FAR 19.1309 mandates specific contract clauses to ensure proper implementation and compliance with HUBZone program requirements in federal acquisitions.
Overview
FAR 19.1309 outlines the mandatory contract clauses that must be included in solicitations and contracts involving HUBZone small business concerns. It specifies when to use certain clauses for set-asides, sole-source awards, and full and open competition, as well as references to additional requirements for subcontracting and the nonmanufacturer rule. The section ensures that the appropriate regulatory language is included to support HUBZone program compliance and to clarify the obligations of both contracting officers and contractors.
Key Rules
- Clause 52.219-3 (Notice of HUBZone Set-Aside or Sole-Source Award)
- Must be included in solicitations and contracts set aside or awarded on a sole-source basis to HUBZone small businesses, including certain multiple-award contracts.
- Clause 52.219-4 (Notice of Price Evaluation Preference for HUBZone Small Business Concerns)
- Required in solicitations and contracts using full and open competition.
- Clause 52.219-14 (Limitations on Subcontracting)
- Use as prescribed in FAR 19.507(e).
- Clause 52.219-33 (Nonmanufacturer Rule)
- Use as prescribed in FAR 19.507(h).
Responsibilities
- Contracting Officers: Must ensure the correct clauses are inserted based on acquisition type and competition method.
- Contractors: Must comply with the requirements and limitations set forth in the applicable clauses.
- Agencies: Oversee compliance with HUBZone program requirements and clause implementation.
Practical Implications
- This section ensures HUBZone program protections and preferences are properly implemented in contracts.
- Failure to include the correct clauses can result in noncompliance and potential protest or contract challenges.
- Contractors should review solicitations for these clauses to understand their obligations and eligibility.
(a)The contracting officer shall insert the clause 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award, in solicitations and contracts for acquisitions that are set aside or awarded on a sole-source basis to, HUBZone small business concerns under 19.1305 or 19.1306. This includes multiple-award contracts when orders may be set aside for HUBZone small business concerns as described in 8.405-5 and 16.505(b)(2)(i)(F) or when orders may be issued directly to one HUBZone small business concern in accordance with 19.504(c)(1)(ii).
(b)The contracting officer shall insert the clause at 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns, in solicitations and contracts for acquisitions conducted using full and open competition.
(c)For use of clause 52.219-14, Limitations on Subcontracting, see the prescription at 19.507(e).
(d) For use of clause 52.219-33, Nonmanufacturer Rule, see the prescription at 19.507(h).