FAR 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (DEVIATION 2020-O0008). DEV (Mar 2020) (Current)

Insert the following clause in solicitations and contracts for acquisitions conducted using full and open competition.

Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (DEVIATION 2020-O0008)

(a)  Definitions.  As used in this clause—

“HUBZone small business concern” 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).

“Similarly situated entity” means a first-tier subcontractor, including an independent contractor, that—

    (1)  Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

    (2)  Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(b)  Evaluation preference.

    (1)  Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except—

        (i)  Offers from HUBZone small business concerns that have not waived the evaluation preference; and

        (ii)  Otherwise successful offers from small business concerns.

    (2)  The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made.  Other evaluation factors described in the solicitation shall be applied before application of the factor.

    (3)  When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(c)  Waiver of evaluation preference.  A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation

purposes.  The agreements in paragraphs (e) and (f) of this clause do not apply if the Offeror has

waived the evaluation preference.

__ Offeror elects to waive the evaluation preference.

(d)  Independent contractors.  An independent contractor shall be considered a subcontractor.

(e)  Limitations on subcontracting.  By submission of an offer and execution of a contract, a HUBZone small business concern agrees that, in the case of a contract assigned a NAICS code for—

    (1)  Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities.  Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 50 percent subcontract amount that cannot be exceeded.  When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.  Other direct costs are excluded to the extent they are not the principal purpose of the contract and cannot be obtained from small business concerns;

    (2)  Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities.  Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 50 percent subcontract amount that cannot be exceeded.  When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3)  General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities.  Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or

    (4)  Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities.  Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f)  A HUBZone joint venture agrees that the aggregate of the HUBZone small business

concerns to the joint venture, not each concern separately, will perform the applicable requirements specified in paragraph (e) of this clause.

(g)  Nonmanufacturer.

    (1)  Unless SBA has waived the requirements of paragraphs (g)(1)(i) through (iii) of this clause in accordance with 13 CFR 121.1204, a HUBZone small business concern that provides an end item it did not manufacture, process, or produce, shall—

        (i)  Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

        (ii)  Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

        (iii)  Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

    (2)  For contracts or orders for multiple end items, at least 50 percent of the total value of the contract or order shall be manufactured, processed, or produced in the United States or its outlying areas by small business concerns.

    (3)  Paragraphs (g)(1) through (2) of this clause do not apply—

        (i)  To construction or service contracts; or

        (ii) When the Offeror waives the evaluation preference.

(h)  Notice.  The HUBZone small business Offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract.  The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility.  If the apparently successful HUBZone Offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.

(End of clause)
 

NONE

Sole-source ✖ Subcontractor ✖   52.212-5 

52.203-16 Preventing Personal Conflicts of Interest.

52.209-3 First Article Approval-Contractor Testing.

52.209-4 First Article Approval-Government Testing.

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.

52.215-17 Waiver of Facilities Capital Cost of Money.

52.219-18 Notification of Competition Limited to Eligible 8(a) Participants.

52.219-6 Notice of Total Small Business Set-Aside.

52.219-7 Notice of Partial Small Business Set-Aside.

52.222-36 Equal Opportunity for Workers with Disabilities.

52.225-7 Waiver of Buy American Statute for Civil Aircraft and Related Articles.

52.227-5 Waiver of Indemnity.

52.228-15 Performance and Payment Bonds-Construction.

52.228-4 Workers’ Compensation and War-Hazard Insurance Overseas.

52.232-12 Advance Payments.

52.234-4 Earned Value Management System.

52.237-8 Restriction on Severance Payments to Foreign Nationals.

52.237-9 Waiver of Limitation on Severance Payments to Foreign Nationals.

52.209-13 Violation of Arms Control Treaties or Agreements-Certification.

252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data.

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies.

252.225-7016 Restriction on Acquisition of Ball and Roller Bearings.

252.225-7019 Restriction on Acquisition of Anchor and Mooring Chain.

252.225-7032 Waiver of United Kingdom Levies-Evaluation of Offers.

252.225-7033 Waiver of United Kingdom Levies.

252.242-7005 Contractor Business Systems.

252.247-7023 Transportation of Supplies by Sea.

252.225-7062 Restriction on Acquisition of Large Medium-Speed Diesel Engines.

252.209-7011 Representation for Restriction on the Use of Certain Institutions of Higher Education.

252.225-7063 Restriction on Acquisition of Components of T-AO 205 and T-ARC Class Vessels.

252.225-7064 Restriction On Acquisition of Certain Satellite Components.

252.270-7001 Pilot Program to Incentivize Contracting with Employee-Owned Businesses—Subcontracting Certification.

252.270-7002 Pilot Program to Incentivize Contracting with Employee-Owned Businesses.

1852.204-76 Security Requirements for Unclassified Information Technology Resources.

1852.227-70 New Technology-Other than a Small Business Firm or Nonprofit Organization.

1852.227-71 Requests for Waiver of Rights to Inventions.

1852.227-88 Government-furnished computer software and related technical data.

1852.228-76 Cross-Waiver of Liability for International Space Station Activities.

1852.228-78 Cross-Waiver of Liability for Science or Space Exploration Activities Unrelated to the International Space Station.

1852.234-2 Earned Value Management System.

1852.245-78 Physical inventory of capital personal property

5252.204-9503 Expediting Contract Closeout (NAVAIR)

5252.209-9513 ORGANIZATIONAL CONFLICT OF INTEREST INSTRUCTIONS (SERVICES) (NAVAIR)

5252.209-9510 ORGANIZATIONAL CONFLICTS OF INTEREST (SERVICES) (NAVAIR)(MAR 2007)

3052.209-70 Prohibition on contracts with corporate expatriates

5152.225-5902 Fitness for Duty and Medical/Dental Care Limitations

652.228-71 Worker’s Compensation Insurance (Defense Base Act) - Services.

752.231-71 Salary supplements for HG employees.

952.209-72 Organizational conflicts of interest.

952.227-84 Notice of right to request patent waiver.

952.250-70 Nuclear hazards indemnity agreement.

952.227-13 Patent rights—acquisition by the Government.

970.5227-9 Notice of Right To Request Patent Waiver

970.5227-10 Patent rights—management and operating contracts, nonprofit organization or small business firm contractor.

970.5227-12 Patent rights-management and operating contracts, for-profit contractor, patent waiver.

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