C.F.R. » Title 13 » CHAPTER I—SMALL BUSINESS ADMINISTRATION › PART 126—HUBZONE PROGRAM › Subpart F—Contracting With Certified HUBZone Small Business Concerns

13 C.F.R. § 126.605

What requirements are not available for HUBZone contracts?

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A contracting activity shall not make a requirement available for a HUBZone contract if:

(a) The contracting activity otherwise would fulfill that requirement through award to Federal Prison Industries, Inc. under 18 U.S.C. 4124 or 4125, or to Javits-Wagner-O'Day Act participating non-profit agencies for the blind and severely disabled, under 41 U.S.C. 46 et seq., as amended; or

(b) An 8(a) participant currently is performing the requirement through the 8(a)BD program or SBA has accepted the requirement for award through the 8(a)BD program, unless SBA has consented to release the requirement from the 8(a)BD program.

[63 FR 31908, June 11, 1998, as amended at 69 FR 29425, May 24, 2004; 89 FR 102503, Dec. 17, 2024]
Notes of Decisions
Cited in 6 cases, 2003–2010 · leading case: DGR Assocs., Inc. v. United States, 94 Fed. Cl. 189 (Fed. Cl. 2010).
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DGR Assocs., Inc. v. United States, 94 Fed. Cl. 189 (Fed. Cl. 2010). “These memoranda directed executive agencies, including the Air Force, to follow 13 C.F.R. §§ 126.605 and 126.607, and to place qualified HUBZone small business concerns and section 8(a) program participants on an equal footing for the award of contracts.”
Mission Critical Solutions v. United States, 91 Fed. Cl. 386 (Fed. Cl. 2010). “See 13 C.F.R. § 126.605 (2009) ("A contracting activity may not make a requirement available for a HUBZone contract if .”
Contract Mgmt., Inc. v. Rumsfeld, 291 F. Supp. 2d 1166 (D. Haw. 2003). “13 C.F.R. § 126.605 . The FAR regulations similarly exclude “[r]equirements currently being performed by an 8(a) participant or requirements SBA has accepted for performance under the authority of the 8(a) Program, unless SBA has consented to release the requirements from the…”
Contract Mgmt., Inc. v. Rumsfeld, 434 F.3d 1145 (9th Cir. 2006). · cites it 2× “See 13 C.F.R. § 126.605 . CMI challenged that interpretation in district court but does not do so on appeal.”
Permissibility of Small Bus. Admin. Regulations Implementing the Historically Underutilized Bus. Zone, 8(a) Bus. Dev., & Serv.-Disabled Vet.-Owned Small Bus. Concerns Programs (OLC 2009). “5 See 13 C.F.R. §§ 126.605 and 126.607 (2009). If the contract is still 5 See 18 U.”
Prioritizing Programs to Exempt Small Bus. from Competition in Fed. Contracts (OLC 2009). “5 See 13 C.F.R. §§ 126.605 and 126.607 (2009). If the contract is still available, the regulations state that a contracting officer shall then choose among the HUBZone, 8(a), or SDVO Programs and “set aside the requirement for HUBZone, 8(a) or SDVO [] contracting before setting…”
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