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Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations of the cost of the items to be supplied by the nonmanufacturer comes from small business manufacturers, processors, and producers in the United States or its outlying areas or are subject to a waiver.
iii If a small business offeror is both a manufacturer of items and a nonmanufacturer of other items for an acquisition, the contracting officer shall apply the manufacturer size standard.
4. Amend section 19.507 by revising paragraphs e and h to read as follows:
19.507 Solicitation provisions and contract clauses.

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e The contracting officer shall insert the clause at 52.21914, Limitations on Subcontracting, in solicitations and contracts 1 For supplies, services, and construction, if any portion of the requirement is to be set aside for small business and the contract amount is expected to exceed the simplified acquisition threshold, and in any solicitations and contracts that are set aside or awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, or 19.15, regardless of dollar value. This includes multiple-award contracts when orders may be set aside for small business concerns, as described in 8.4055 and 16.505b2iF, and when orders may be issued directly to a small business concern as described in 19.504c1ii.
For contracts that are set aside, the contracting officer shall indicate in paragraph f of the clause whether compliance with the limitations on subcontracting is required at the contract or order level;
2 Using the HUBZone price evaluation preference. However, if the prospective contractor waived the use of the price evaluation preference, or is an other than small business, do not insert the clause in the resultant contract.

h1 The contracting officer shall insert the clause at 52.21933, Nonmanufacturer Rule, in solicitations and contracts including multiple-award contracts when orders may be set aside for small business concerns as described in 8.4055 and 16.505b2iF, and when orders may be issued directly to a small business concern as described in 19.504c1ii, when i the item being acquired has been assigned a manufacturing or supply NAICS code, and iiA Any portion of the requirement is to be 1 Set aside for small business and is expected to exceed the simplified acquisition threshold; or
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2 Set aside or awarded on a solesource basis in accordance with subparts 19.8, 19.13, 19.14, or 19.15, regardless of dollar value; or B Using the HUBZone price evaluation preference. However, if the prospective contractor waived the use of the price evaluation preference, or is an other than small business, do not insert the clause in the resultant contract.
2 The contracting officer shall not insert the clause at 52.21933 when the Small Business Administration has waived the nonmanufacturer rule see 19.505c4.
19.8113

Amended
5. Amend section 19.8113 by removing from paragraph d The clause at 52.21918 with its Alternate I
shall be used when and adding Use the clause at 52.21918 with its Alternate I when in its place.

19.1308

Removed and Reserved
6. Remove and reserve section 19.1308.
7. Revise section 19.1309 to read as follows:

19.1309

Contract clauses.

Amended
8. Amend section 19.1403 by removing from paragraph d 19.1407c and adding 19.505 in its place.

19.1407

Removed and Reserved
9. Remove and reserve section 19.1407.

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10. Revise section 19.1408 to read as follows:

19.1408

Contract clauses.

a The contracting officer shall insert the clause at 52.21927, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside, in solicitations and contracts for acquisitions that are set aside or awarded on a solesource basis to, service-disabled veteran-owned small business concerns under 19.1405
and 19.1406. This includes multipleaward contracts when orders may be set aside for service-disabled veteranowned small business concerns as described in 8.4055 and 16.505b2iF or when orders may be issued directly to one service-disabled veteran-owned small business contractor in accordance with 19.504c1ii.
b For use of clause 52.21914, Limitations on Subcontracting, see the prescription at 19.507e.
c For use of clause 52.21933, Nonmanufacturer Rule, see the prescription at 19.507h.
19.1507

Removed and Reserved
11. Remove and reserve section 19.1507.
12. Revise section 19.1508 to read as follows:

a The contracting officer shall insert the clause at 52.2193, 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 8.4055 and 16.505b2iF or when orders may be issued directly to one HUBZone small business concern in accordance with 19.504c1ii.
b The contracting officer shall insert the clause at 52.2194, 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 52.21914, Limitations on Subcontracting, see the prescription at 19.507e.
d For use of clause 52.21933, Nonmanufacturer Rule, see the prescription at 19.507h.
19.1403

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19.1508

Contract clauses.

a The contracting officer shall insert the clause at 52.21929, Notice of SetAside for, or Sole-Source Award to, Economically Disadvantaged Womenowned Small Business Concerns, in solicitations and contracts for acquisitions that are set aside or awarded on a sole-source basis to, EDWOSB concerns under 19.1505b or 19.1506a. This includes multipleaward contracts when orders may be set aside for EDWOSB concerns as described in 8.4055 and 16.505b2iF or when orders may be issued directly to one EDWOSB
contractor in accordance with 19.504c1ii.
b The contracting officer shall insert the clause at 52.21930, Notice of SetAside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the WomenOwned Small Business Program, in solicitations and contracts for acquisitions that are set aside or awarded on a sole-source basis to WOSB
concerns under 19.1505c or 19.1506b. This includes multipleaward contracts when orders may be set aside for WOSB concerns eligible under the WOSB Program as described in 8.4055 and 16.505b2iF or when orders may be issued directly to one
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