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

Clause Federal Acquisition Regulation Oct 2022 version

Facts

Citation
FAR 52.219-3
Type
Clause
Current version
October 2022
Prescribed in
FAR 19.1309(a)
Last amended
87 FR 58219 Effective Oct 28, 2022
Proposed changes
2
Text as of
FAC 2026-01
Official text
acquisition.gov

Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this clause.

Text

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)

Federal Register history

Final rule Published Effective
Federal Acquisition Regulation: Policy on Joint Ventures 87 FR 58219 · FAC 2022-08
Federal Acquisition Regulation: Update of Historically Underutilized Business Zone Program 87 FR 58232 · FAC 2022-08
Federal Acquisition Regulation: Revision of Limitations on Subcontracting 86 FR 44233 · FAC 2021-07
Federal Acquisition Regulation; Set-Asides Under Multiple-Award Contracts 85 FR 11746 · FAC 2020-05
Federal Acquisition Regulation; Set-Asides for Small Business 76 FR 68032 · FAC 2005-54
Federal Acquisition Regulation; HUBZone Program Revisions 75 FR 77727 · FAC 2005-47

Proposed changes

Proposed rule Published Comments
Federal Acquisition Regulation: Small Business Participation on Certain Multiple-Award Contracts 90 FR 3753 · FAR Case 2023-011, Docket No. FAR-2023-0011, Sequence No. 1 Closed Mar 17, 2025No final rule found
Federal Acquisition Regulation: HUBZone Program 89 FR 48544 · FAR Case 2023-013 Closed Aug 6, 2024No final rule found

Sections cited

Terms defined

  • HUBZone small business concern

Quick answers

What is FAR 52.219-3?

FAR 52.219-3 is a clause of the Federal Acquisition Regulation, titled "Notice of HUBZone Set-Aside or Sole-Source Award".

What is the current version of FAR 52.219-3?

The current version is dated October 2022.

Where is FAR 52.219-3 prescribed?

It is prescribed in FAR 19.1309(a), Contract clauses.

When was FAR 52.219-3 last changed?

The most recent final rule on record is "Federal Acquisition Regulation: Policy on Joint Ventures" (87 FR 58219), published Sep 23, 2022 and effective Oct 28, 2022.

Are changes to FAR 52.219-3 proposed?

2 proposed changes have no final rule yet.

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