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Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Proposed Rules
Act of 1997 15 U.S.C. 631 note, contracting officers may set aside solicitations to allow only HUBZone small business concerns to compete see 19.1305.

PART 13SIMPLIFIED ACQUISITION
PROCEDURES
13.003

Amended
5. Amend section 13.003 in paragraph b2ii by removing and 19.1306a4.

13.005

Amended
6. Amend section 13.005 by removing paragraph a5, and redesignating paragraphs a6 through 8 as paragraphs a5 through 7, respectively.

PART 19SMALL BUSINESS
PROGRAMS
19.3011

Amended
7. Amend section 19.3011 in paragraph d by removing concern both at the time of initial offer and at the time of contract award and adding concern at the time of initial offer in its place.
8. Amend section 19.306 by a. Revising paragraph b;
b. In paragraph c removing HUBZone qualifying and adding HUBZone eligibility in its place;
c. Revising paragraph d;
d. In paragraph e i. Revising the heading;
ii. Removing from the introductory text of paragraph e1 protest and adding written protest in its place;
e. Revising paragraphs f and h1ii;
f. Removing paragraph h3;
g. In paragraph i i. Removing from the introductory text The HUBZone Program Director and AA/GCBD and adding SBA and AA/GC&BD in their places, respectively;
ii. Revising the second sentence of paragraph 1;
iii. Removing from paragraph 2
AA/GCBD and adding AA/GC&BD
in its place;
iv. Revising paragraph 3;
v. Removing from paragraph 4 or h3, and removing wherever it appears AA/GCBD and adding AA/GC&BD in its place; and vi. Revising paragraph 5.
h. In paragraph l i. Adding to the end of paragraph i and;
ii. Removing paragraph ii, and redesignating paragraph iii as paragraph ii; and
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iii. Removing from paragraph 2
Director/HUBs decision and adding HUBZone Program Directors determination in its place; and i. Removing from paragraph m wherever it appears AA/GCBD and adding AA/GC&BD in its place.
The revisions read as follows:

19.306 Protesting a firms status as a HUBZone small business concern.

b1 For sole-source procurements, SBA or the contracting officer may protest the prospective contractors certified HUBZone status; for all other procurements, SBA, the contracting officer, or any other interested party may protest the apparent successful offerors certified HUBZone status. See 13 CFR 126.800.
2 The Director of SBAs Office of the HUBZone Program will determine whether the concern has certified HUBZone status. If SBA upholds the protest, SBA will remove the concerns HUBZone status in the Dynamic Small Business Search DSBS. SBAs protest regulations are found in subpart H
Protests at 13 CFR 126.800 through 126.805.

d1 All protests must be in writing and must state all specific grounds for the protest, i.e., why the protested concern did not meet the eligibility requirements at 13 CFR 126.200 at the time of the concerns application to SBA
for certification as a HUBZone small business concern or at the time SBA
certified or last recertified the concern as a HUBZone small business concern.
Assertions that a protested concern is not a HUBZone small business concern, without setting forth specific facts or allegations, will not be considered by SBA see 13 CFR 126.801b.
2 Protests filed against a HUBZone joint venture must state one or, if applicable, both of the following:
i Why the HUBZone small business party to the joint venture did not meet the eligibility requirements at 13 CFR
126.200 at the time of its application to SBA for certification or at the time SBA
certified or last recertified the concern as a HUBZone small business concern.
ii Why the joint venture did not meet the requirements at 13 CFR
126.616 at the time of submission of its offer for a HUBZone contract.
e Submission of a protest.
f The contracting officer shall forward all protests with a referral letter to the Director of SBAs Office of the HUBZone Program, by email to hzprotests@sba.gov. The referral letter shall include the following:
1 The solicitation number.

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2 The contracting officers name and contact information.
3 The type of HUBZone contract i.e., sole source, set-aside, full and open competition with a HUBZone price evaluation preference, or reserve for HUBZone small business concerns under a multiple-award contract.
4 For a procurement conducted using full and open competition with a HUBZone price evaluation preference, whether the protesters opportunity for award was affected by the preference.
5 For a HUBZone set-aside, whether the protester submitted an offer.
6 Whether the protested concern was the apparent successful offeror.
7 Whether the procurement was conducted using sealed bid or negotiated procedures.
8 The bid opening date, if applicable.
9 The date the protester was notified of the apparent successful offeror.
10 The date the contracting officer received the protest.
11 The date the protested concern submitted its initial offer or quote to the contracting officer.
12 Whether a contract has been awarded, and if so, the date of award and contract number.

h
1
ii Award the contract if A SBA does not issue its decision within 15 business days after receipt of the protest; and B The contracting officer determines in writing that there is an immediate need to award the contract and that waiting for SBAs determination will be disadvantageous to the Government.

i
1 . If the AA/GC&BD
subsequently overturns the initial determination or dismissal, the contracting officer may apply the AA/
GC&BD decision to the procurement in question.

3 If the contracting officer has made a written determination in accordance with h1ii of this section, awarded the contract, and the Director of SBAs Office of the HUBZone Programs ruling sustaining the protest is received after award i The contracting officer shall either A Terminate the contract; or B1 Make a written determination that termination is not in the best interests of the Government; and 2 Not exercise any options or award further task or delivery orders under the contract;

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