BILLING CODE 6820-EP
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 19 and 52
[FAR Case 2023-013; Docket No. FAR-2023-0013; Sequence No.
1]
RIN 9000-AO36
Federal Acquisition Regulation: HUBZone Program
AGENCY:

Department of Defense (DoD), General Services

Administration (GSA), and National Aeronautics and Space
Administration (NASA.
ACTION:

Proposed rule.

SUMMARY:

DoD, GSA, and NASA are proposing to amend the

Federal Acquisition Regulation (FAR) to implement a final
rule published by the Small Business Administration (SBA)
to implement a section of the National Defense
Authorization Act for Fiscal Year 2022.
DATES:

Interested parties should submit written comments

to the Regulatory Secretariat Division at the address shown
below on or before [INSERT DATE 60 DAYS AFTER DATE OF
PUBLICATION IN THE FEDERAL REGISTER] to be considered in
the formation of the final rule.
ADDRESSES:

Submit comments in response to FAR Case 2023-

013 to the Federal eRulemaking portal at
https://www.regulations.gov by searching for “FAR Case

2023-013”.

Select the link “Comment Now” that corresponds

with “FAR Case 2023-013”.

Follow the instructions provided

on the “Comment Now” screen.

Please include your name,

company name (if any), and “FAR Case 2023-013” on your
attached document.

If your comment cannot be submitted

using https://www.regulations.gov, call or email the point
of contact in the FOR FURTHER INFORMATION CONTACT section
of this document for alternate instructions.
Instructions:

Please submit comments only and cite “FAR

Case 2023-013” in all correspondence related to this case.
Comments received generally will be posted without change
to https://www.regulations.gov, including any personal
and/or business confidential information provided.

Public

comments may be submitted as an individual, as an
organization, or anonymously (see frequently asked
questions at https://www.regulations.gov/faq).

To confirm

receipt of your comment(s), please check
https://www.regulations.gov, approximately two to three
days after submission to verify posting.
FOR FURTHER INFORMATION CONTACT: For clarification of
content, contact Ms. Carrie Moore, Procurement Analyst, at
571-300-5917, or by email at carrie.moore@gsa.gov.

For

information pertaining to status, publication schedules, or
alternate instructions for submitting comments if
https://www.regulations.gov cannot be used, contact the

Regulatory Secretariat Division at 202-501-4755 or
GSARegSec@gsa.gov.

Please cite FAR Case 2023-013.

SUPPLEMENTARY INFORMATION:
I.

Background
DoD, GSA, and NASA are proposing to amend the FAR to

implement regulatory changes made by the SBA in its final
rule published on April 10, 2023 (88 FR 21086) to implement
section 864 of the National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2022 (Pub. L. 117-81).

Section

864 authorizes the SBA Office of Hearings and Appeals (OHA)
to decide all appeals from formal status protest
determinations in connection with the status of a
Historically Underutilized Business Zone (HUBZone) concern.
Prior to section 864 and SBA’s final rule, appeals of
HUBZone status determinations were decided by the SBA’s
Associate Administrator, Office of Government Contracting
and Business Development (AA/GC&BD).
This rulemaking proposes to implement SBA’s final
rule, dated April 10, 2023, to specify in the FAR that OHA
is responsible for deciding all appeals of status protest
determinations for a HUBZone concern, identify the
information that must be included in an appeal of a HUBZone
status protest determination, and remove the requirement
for a HUBZone concern to represent its status in the System
for Award Management (SAM), as it is no longer necessary
since HUBZone concerns are certified by the SBA.

II.

Discussion and Analysis
The proposed changes to the FAR and the rationale are

summarized as follows:
-Update FAR 19.306 with the title of the office that
decides HUBZone protests, and the procedures for appealing
a HUBZone status protest decision to align with SBA’s
regulations at 13 CFR 126.800 through 126.805 and 13 CFR
134.1301 through 134.1316; and
-Modify FAR provisions 52.212-3, Offeror
Representations and Certifications—Commercial Products and
Commercial Services, and 52.219-1, Small Business Program
Representations, and FAR clause 52.219-28, Post Award Small
Business Program Representation, to remove the existing
HUBZone small business concern representation, since
HUBZone small business concerns must be certified by the
SBA in order to be eligible for HUBZone sole-source awards
and awards set aside for HUBZone concerns.

The

representation is currently in these provisions and clauses
as a mechanism for a HUBZone concern to indicate that it
will attempt to maintain an employment rate of HUBZone
residents of 35 percent of its employees during performance
of a HUBZone contract.

This rulemaking proposes to add

this statement to FAR clause 52.219-3, Notice of HUBZone
Set-Aside or Sole-Source Award, to include the requirement
for HUBZone concerns to attempt to maintain the required
employment rate of HUBZone employees during performance of

the contract as a term and condition of the contract.
HUBZone joint ventures will continue to be required to
represent their status as the SBA does not certify HUBZone
joint ventures.

The definition of HUBZone small business

concern in FAR clause 52.219-3 is also updated to conform
with the definition of that same term at FAR 2.101.
III.

Applicability to Contracts at or Below the Simplified

Acquisition Threshold (SAT) and for Commercial Products
(Including Commercially Available Off-the-Shelf (COTS)
Items) or for Commercial Services
This rulemaking proposes to amend the following
provisions and clauses at FAR: 52.212-3, Offeror
Representations and Certifications—Commercial Products and
Commercial Services; 52.212-5, Contract Terms and
Conditions Required To Implement Statutes or Executive
Orders—Commercial Products and Commercial Services; 52.2191, Small Business Program Representations; 52.219-3, Notice
of HUBZone Set-Aside or Sole-Source Award, and 52.219-28,
Post-Award Small Business Program Rerepresentation.
However, this rulemaking does not change the applicability
of these provisions and clauses, which continue to apply to
contracts valued at or below the SAT, and contracts for
commercial products, including COTS items, or commercial
services.
This rulemaking proposes to apply section 864 of the
National Defense Authorization Act for Fiscal Year 2022

(Pub. L. 117-81) to acquisitions at or below the SAT and to
acquisitions for commercial products, including COTS items,
and commercial services, as OHA has the authority, and is
the only entity, to decide all HUBZone status protest
appeals.

As a result, the section must be applied to

acquisitions of these types to ensure that all concerns
that can appeal a HUBZone status protest decision,
regardless of the subject contract’s dollar value or
commerciality, have a process for doing so.
A.

Applicability to Contracts at or Below the

Simplified Acquisition Threshold
41 U.S.C. 1905 governs the applicability of laws to
acquisitions at or below the SAT.

Section 1905 generally

limits the applicability of new laws when agencies are
making acquisitions at or below the SAT, but provides that
such acquisitions will not be exempt from a provision of
law under certain circumstances, including when the Federal
Acquisition Regulatory Council (FAR Council) makes a
written determination and finding that it would not be in
the best interest of the Federal Government to exempt
contracts and subcontracts in amounts not greater than the
SAT from the provision of law.

The FAR Council intends to

make a determination to apply this statute to acquisitions
at or below the SAT.

B.

Applicability to Contracts for the Acquisition of

Commercial Products and Commercial Services, Including
Commercially Available Off-The-Shelf (COTS) Items
41 U.S.C. 1906 governs the applicability of laws to
contracts for the acquisition of commercial products and
commercial services and is intended to limit the
applicability of laws to contracts for the acquisition of
commercial products and commercial services.

Section 1906

provides that if the FAR Council makes a written
determination that it is not in the best interest of the
Federal Government to exempt commercial products and
commercial services contracts, the provision of law will
apply to contracts for the acquisition of commercial
products and commercial services.
41 U.S.C. 1907 states that acquisitions of COTS items
will be exempt from certain provisions of law unless the
Administrator for Federal Procurement Policy makes a
written determination and finds that it would not be in the
best interest of the Federal Government to exempt contracts
for the procurement of COTS items.
The FAR Council intends to make a determination to
apply this statute to acquisitions for commercial products
and commercial services.

The Administrator for Federal

Procurement Policy intends to make a determination to apply
this statute to acquisitions for COTS items.
IV.

Expected Impact of the Rule

This proposed rule is expected to impact Government
and contractor operations.
As a result of this proposed rule, interested parties
seeking to appeal a HUBZone status protest decision will be
required to send the appeal to OHA in lieu of the Associate
Administrator, Office of Government Contracting and
Business Development.

This change in decision authority

does not add any burden to or create any savings for the
Government or contractors.

However, contracting officers,

contractors, offerors, and the SBA may save some time in
submitting and/or processing these appeal requests due to
the clear specification of information that OHA requires in
a request for appeal of a HUBZone status protest decision.
Contracting officers can reference the information in the
FAR text to submit an appeal or advise a protester or
protested concern what information should be included in
the appeal request.
In addition, HUBZone small business concerns will no
longer be required to represent their status in SAM since
HUBZone concerns are required to be certified by the SBA.
This representation was maintained to provide a mechanism
for a HUBZone concern to represent that it will comply with
the employment requirements at 13 CFR 126.200(e)(1);
however, an alternative approach was identified, which
precludes the need for a representation and reduces the
burden on HUBZone concerns.

Specifically, in lieu of a

representation, HUBZone concerns will be able to agree to
attempt to meet the employment requirements at 13 CFR
126.200(e)(1) by submission of an offer and execution of a
contract.
V.

Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 (as amended

by E.O. 14094) direct agencies to assess all costs and
benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches
that maximize net benefits (including potential economic,
environmental, public health and safety effects,
distributive impacts, and equity).

E.O. 13563 emphasizes

the importance of quantifying both costs and benefits, of
reducing costs, of harmonizing rules, and of promoting
flexibility.

This is not a significant regulatory action

and, therefore, was not subject to review under section
6(b) of E.O. 12866, Regulatory Planning and Review, dated
September 30, 1993.
VI.

Regulatory Flexibility Act
DoD, GSA, and NASA do not expect this proposed rule,

if finalized, to have a significant economic impact on a
substantial number of small entities within the meaning of
the Regulatory Flexibility Act, 5 U.S.C. 601-612, because
this proposed rule merely changes the office that decides
HUBZone status protest appeals, specifies the information
OHA requires in a request to appeal a HUBZone status

protest determination, removes the requirement for a
HUBZone concern to represent its status in SAM, and it does
not impose any additional compliance burden on applicable
small business entities.

However, an Initial Regulatory

Flexibility Analysis (IRFA) has been performed and is
summarized as follows:
DoD, GSA, and NASA are proposing to amend the Federal Acquisition
Regulation (FAR) to implement regulatory changes made by the Small
Business Administration (SBA) in its final rule published on April 10,
2023, at 88 FR 21086, to implement section 864 of the National Defense
Authorization Act for Fiscal Year 2022 (Pub. L. 117-81). This rule also
proposes to remove the representation for HUBZone small business concerns,
as it is unnecessary since HUBZone concerns must be certified by SBA.
The objective of this rule is to revise the procedures for appealing
decisions of HUBZone status protest determinations to align with SBA’s
regulations. This rule also removes the representation for HUBZone small
business concerns as it is unnecessary since HUBZone concerns are required
to be certified by SBA.
Promulgation of the FAR is authorized by 40
U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy
provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113. The legal basis
for this rule is as stated in the preceding paragraph.
This proposed rule will impact HUBZone small business concerns as
they will no longer be required to represent their status in the System
for Award Management (SAM). As indicated in SBA’s final rule, the change
to the HUBZone protest appeals process is procedural in nature and will
not impact small entities.
According to the Dynamic Small Business Search, there are 4,465
HUBZone small business concerns certified by SBA; therefore, there are
4,465 HUBZone small business concerns that are currently required to
represent their status in SAM. However, the number of concerns that will
submit applications to the SBA for HUBZone certification is unknown;
therefore, the number of small business entities impacted by this rule
may be greater than or less than the 4,465 HUBZone concerns currently
certified by SBA.
The proposed rule does not impose any new reporting, recordkeeping,
or other compliance requirements for small entities.
The proposed rule does not duplicate, overlap, or conflict with any
other Federal rules.
There are no known significant alternative approaches to the
proposed rule that would accomplish the stated objectives of the
applicable statute and that would minimize any significant economic impact
of the proposed rule on small entities as the economic impact is not
anticipated to be significant.

The Regulatory Secretariat Division has submitted a
copy of the IRFA to the Chief Counsel for Advocacy of the

Small Business Administration.

A copy of the IRFA may be

obtained from the Regulatory Secretariat Division.

DoD,

GSA, and NASA invite comments from small business concerns
and other interested parties on the expected impact of this
proposed rule on small entities.
DoD, GSA, and NASA will also consider comments from
small entities concerning the existing regulations in
subparts affected by the proposed rule in accordance with 5
U.S.C. 610.

Interested parties must submit such comments

separately and should cite 5 U.S.C. 610 (FAR Case 2023–
013), in correspondence.
VII.

Paperwork Reduction Act
This proposed rule does not contain any new

information collection requirements that require the
approval of the Office of Management and Budget under the
Paperwork Reduction Act (44 U.S.C. 3501-3521).

This

proposed rule does remove one HUBZone representation from
FAR provisions 52.212-3, Offeror Representations and
Certifications—Commercial Products, and Commercial
Services; and 52.219-1, Small Business Program
Representations; and FAR clause 52.219-28, Post-Award Small
Business Program Rerepresentation, which are covered under
two existing information collections approved by OMB.
OMB Control number 9000-0189, Certain Federal
Acquisition Regulation Part 4 Requirements, addresses the
burden for FAR provision 52.212-3 and FAR provision 52.204-

7, System for Award Management, both of which require
offerors on Federal contracts to register in SAM.

The

representations in FAR provision 52.219-1 are implemented
in SAM and either FAR provision 52.204-7 or 52.212-3 is
included in all solicitations.

Therefore, by registering

in SAM, as required by either FAR provision 52.204-7 or
52.212-3, an offeror will make the representations included
in FAR provision 52.219-1.

As a part of SAM registration,

offerors complete approximately 35 representations and
certifications, including the HUBZone representation to be
removed.

The burden for FAR provisions 52.204-7 and

52.212-3 is based on an estimate of the time it would take
a new offeror to fill in all of the information needed to
register in SAM, or an average of 3 hours in total.
OMB Control number 9000-0163, Small Business Size
Rerepresentation, addresses the burden for FAR clause
52.219-28, which requires contractors to rerepresent their
size and socioeconomic status in the SAM at certain times.
The clause contains eight representations that must be
updated in SAM, including the HUBZone representation to be
removed.

The burden for this clause is based on an

estimate of the time it will take a contractor to log into
SAM, verify or update their responses to these 8
representations, and email the contracting officer when
complete, or an average of 30 minutes in total.

Verifying or updating the HUBZone representation takes
only minutes and accounts for a very small portion of the
overall burden of the affected provisions and clause.

It

is reasonable to assume that, even after removing the
HUBZone representation, the average estimated burden per
SAM registration or rerepresentation is still accurate.
For these reasons, OMB Control numbers 9000-0163 and 90000189 were not revised to account for the removal of the
HUBZone representation.
List of Subjects in 48 CFR Parts 19 and 52.
Government procurement.

William F. Clark,
Director,
Office of Government-wide
Acquisition Policy,
Office of Acquisition Policy,
Office of Government-wide Policy.

Therefore, DoD, GSA, and NASA propose amending 48 CFR
parts 19 and 52 as set forth below:
1.

The authority citation for 48 CFR parts 19 and 52

continues to read as follows:
AUTHORITY:

40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10

U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016);
and 51 U.S.C. 20113.
PART 19—SMALL BUSINESS PROGRAMS
2.

Amend section 19.306 by—
a.

Adding a heading to paragraph (b);

b.

Revising paragraph (b)(2);

c.

Adding a heading to paragraphs (c), (d), (f) and

d.

Revising paragraph (i) introductory text,

(g);

(i)(1), (i)(2),(i)(3) introductory text, (i)(3)(iii), and
(i)(4);
e.

Redesignate paragraphs (i)(5) and (i)(6) as

paragraphs (i)(6) and (i)(7);
f.

Adding a new paragraph (i)(5);

g.

Revising newly redesignated paragraphs (i)(6)

introductory text, (i)(6)(ii), and (iii); and
h.

Revising paragraphs (j), (k), (l), and (m).

The revisions and additions read as follows:
19.306

Protesting a firm's status as a HUBZone small

business concern.
*

*

(b)

*

*
*
General.

*

*

*

(2)

The Director of SBA’s Office of HUBZone (D/HUB)

will determine whether the concern has certified HUBZone
status.

If SBA upholds the protest, SBA will remove the

concern’s HUBZone status in the Dynamic Small Business
Search (DSBS).

SBA’s protest regulations are found in

subpart H “Protests” at 13 CFR 126.800 through 126.805 and
at subpart M “Rules of Practice for Appeals of Protest
Determinations Regarding the Status of a Concern as a
Certified HUBZone Small Business Concern” at 13 CFR
134.1301 through 134.1316.

*

*

(c)

Size status protests.

(d)

Protest format.

*

*

*

Transmittal.

(g)

Notice.
*

(i)

*

*

*

*

*

*

(f)

*

*

*

*

*
*

*

*

*

*

After SBA decision.

The SBA will notify the

contracting officer, the protester, and the protested
concern of its determination.

The determination is

effective immediately and is final unless overturned on
appeal by SBA’s Office of Hearings and Appeals (OHA)
pursuant to 13 CFR 134.1301 through 13 CFR 134.1316.
(1)

If the contracting officer has withheld

contract award and the D/HUB has determined that the
protested concern is an eligible HUBZone or dismissed all
protests against the protested concern, the contracting

officer may award the contract to the protested concern.
If OHA subsequently overturns the initial determination or
dismissal, the contracting officer may apply the OHA
decision to the procurement in question.
(2)

If the contracting officer has withheld

contract award and the (D/HUB) has sustained the protest
and determined that the protested concern is ineligible,
and a timely OHA appeal has not been filed, then the
contracting officer shall not award the contract to the
protested concern.
(3)

If the contracting officer has made a written

determination in accordance with paragraph (h)(1)(ii)(B) of
this section, awarded the contract, and the D/HUB ruling
sustaining the protest is received after award, and a
timely OHA appeal has not been filed, then—
*

*

*

*
(iii)

*
After SBA removes the concern’s

designation as a certified HUBZone small business concern
in DSBS, the contracting officer shall update the Federal
Procurement Data System (FPDS) to reflect the final
decision of the D/HUB.
(4)

If the contracting officer has made a written

determination in accordance with paragraph (h)(1)(ii)(B) of
this section, awarded the contract, the D/HUB has sustained
the protest and determined that the concern is not a
HUBZone small business, and a timely OHA appeal has been

filed, then the contracting officer shall consider whether
performance can be suspended until an OHA decision is
rendered.
(5)

If the contracting officer has withheld

contract award, the D/HUB has sustained the protest and
determined that the protested concern is ineligible, and a
timely OHA appeal has been filed, the contracting officer
shall either—
(i)

Withhold award until an OHA decision is

rendered; or
(ii)

Award the contract, if the contracting

officer determines in writing that there is an immediate
need to award the contract and that waiting for the OHA
decision will be disadvantageous to the Government.
(6)

If OHA affirms the decision of the D/HUB,

finding the protested concern is ineligible, and contract
award has occurred—
*

*

*

*
(ii)

*
SBA will remove the concern’s designation

as a certified HUBZone small business concern in DSBS.

The

concern is not permitted to submit an offer as a HUBZone
small business concern until SBA issues a decision that the
ineligibility is resolved or OHA finds the concern is
eligible on appeal; and
(iii)

After SBA removes the concern’s

designation as a certified HUBZone small business concern

in DSBS, the contracting officer shall update FPDS to
reflect the OHA decision.
*

*

*
(j)

*

*

Appeals of HUBZone status determinations.

The

protested HUBZone small business concern, the protester, or
the contracting officer may file appeals of protest
determinations with OHA.

OHA must receive the appeal no

later than 10 business days after the date of receipt of
the protest determination.

OHA will dismiss any untimely

appeal.
(k)

The appeal must be in writing.

The appeal must

include the following information—
(1)

A copy of the protest determination;

(2)

The date the appellant received the protest

determination;
(3)

A statement that the petitioner is appealing a

HUBZone status protest determination issued by the D/HUB;
(4)

A full and specific statement that addresses

why the HUBZone status protest determination is alleged to
be based on a clear error of fact or law, together with
information supporting such allegation
(5)

The solicitation number, the contract number

(if applicable), and the name, address, and telephone
number of the contracting officer;

(6)

The name, address, telephone number, facsimile

number (if applicable), and signature of the appellant or
the appellant’s attorney; and
(7)

A signed certificate of service attached to the

appeal in accordance with 13 CFR 134.204.
(l)

Notice. (1) The party appealing the decision must

provide notice of the appeal to—
(i)
(ii)

The contracting officer;
The protested HUBZone small business concern

or the original protester, as appropriate;
(iii)
(iv)

The D/HUB at hzappeals@sba.gov; and
The SBA Office of General Counsel, Associate

General Counsel for Procurement Law at OPLservice@sba.gov.
(2)

OHA will dismiss an appeal that does not meet

all the requirements of this section.

OHA will not

consider new evidence in appeals from HUBZone status
protest determinations.
(m)

Decision.

OHA will issue a decision in

accordance with the timelines specified at 13 CFR 134.1310
through 134.1314.

OHA will provide a copy of the decision

to the contracting officer, the protester, and the
protested HUBZone small business concern.

The SBA

decision, if received before award, will apply to the
pending acquisition.

The OHA decision is the final

decision.
PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

3.

Amend section 52.212-3 by revising the date of the

provision and paragraph (c)(11) to read as follows:
52.212-3

Offeror Representations and Certifications—

Commercial Products and Commercial Services.
*

*

*

*

*

OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (DATE)
(c)

*

*

(11)

*

HUBZone small business concern.

[Complete

only if the offeror represented itself as a small business
concern in paragraph (c)(1) of this provision.] The offeror
represents, as part of its offer, that it â–¡ is, â–¡ is not a
HUBZone joint venture that complies with the requirements
of 13 CFR 126.616(a) through (c).

[The offeror shall enter

the name and unique entity identifier of each party to the
joint venture: .]
*

*

*
4.

*

*

Amend section 52.212-5 by revising the date of the

clause and paragraphs (b)(15) and (b)(26) to read as
follows:
52.212-5 Contract Terms and Conditions Required To
Implement Statutes or Executive Orders—Commercial Products
and Commercial Services.
*

*

*

CONTRACT TERMS

*
AND

*
CONDITIONS REQUIRED TO IMPLEMENT STATUTES

ORDERS—COMMERCIAL PRODUCTS

AND

OR

EXECUTIVE

COMMERCIAL SERVICES (DATE)

*

*

*
(b)

*
*

*
*

*

 (15) 52.219-3, Notice of HUBZone Set-Aside or
Sole-Source Award (DATE) (15 U.S.C. 657a).
*

*

*

*

*

 (26) (i) 52.219-28, Post-Award Small Business
Program Rerepresentation (DATE) (15 U.S.C. 632(a)(2)).
*

*

*
5.

*

*

Amend section 52.219-1 by revising the date of the

provision and paragraph (c)(9) to read as follows:
52.219-1
*

*

Small Business Program Representations.
*

*

*

SMALL BUSINESS PROGRAM REPRESENTATIONS (DATE)
*

*

*
(c)

*
*

(9)

*
*

*

HUBZone small business concern. [Complete only

if the offeror represented itself as a small business
concern in paragraph (c)(1) of this provision.]

The

offeror represents, as part of its offer, that it â–¡ is, â–¡
is not a HUBZone joint venture that complies with the
requirements of 13 CFR 126.616(a) through (c). [The offeror
shall enter the name and unique entity identifier of each
party to the joint venture:.]
*

*

*
6.

*

*

Amend section 52.219-3 by—

a.

Revising the date of the clause and paragraph

(a); and
b.

Adding a new paragraph (f).

The revision and addition read as follows:
52.219-3
*

*

Notice of HUBZone Set-Aside or Sole-Source Award.
*

*

NOTICE
(a)

OF

*
HUBZONE SET-ASIDE

Definition.

OR

SOLE-SOURCE AWARD (DATE)

“HUBZone small business concern,” as

used in this clause, means a small business concern that
meets the requirements described in 13 CFR 126.200, is
certified by the Small Business Administration (SBA) and
designated by the SBA as a HUBZone small business concern
in the Dynamic Small Business Search (DSBS) (13 CFR
126.103).

The SBA designation also appears in the System

for Award Management.
*

*

*
(f)

*

*

The Contractor agrees that it will attempt to

maintain an employment rate of HUBZone residents of 35
percent of its employees during performance of a HUBZone
contract pursuant to 13 CFR 126.200(e)(1).
7.

Amend section 52.219-28 by revising the date of

the clause and paragraph (h)(9) to read as follows:
52.219-28

Post-Award Small Business Program

Rerepresentation.
*

*

*

*

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POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (DATE)

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(h)

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(9)

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[Complete only if the Contractor represented

itself as a small business concern in paragraph (h)(1) of
this clause.]

The Contractor represents that it â–¡ is, â–¡ is

not a HUBZone joint venture that complies with the
requirements of 13 CFR part 126.

[The Contractor shall

enter the names of each of the HUBZone small business
concerns participating in the HUBZone joint venture:
.]
[Contractor to sign and date and insert authorized
signer’s name and title.]
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[FR Doc. 2024-12570 Filed: 6/6/2024 8:45 am; Publication Date: 6/7/2024]