RFO
RFO Version Available
The Revolutionary FAR Overhaul has published a revised version of this clause. The RFO version supersedes the eCFR text below for contracts using the RFO model; see the RFO deviation for applicability.
View RFO version52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award. As prescribed in 19.1309(a), insert the following clause: Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (a) Definition. "HUBZone small business concern," as used in this clause, 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). (b) Applicability. This clause applies only to— (1) Contracts that have been set aside or awarded on a sole-source basis to, HUBZone small business concerns; (2) Part or parts of a multiple-award contract that have been set aside for HUBZone small business concerns; (3) Orders set aside for HUBZone small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and (4) Orders issued directly to HUBZone small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii). (c) General. (1) Offers are solicited only from HUBZone small business concerns. Offers received from concerns that are not HUBZone small business concerns will not be considered. (2) Any award resulting from this solicitation will be made to a HUBZone small business concern. (d) Joint venture. A joint venture may be considered a HUBZone concern if— (1) At least one party to the joint venture is a HUBZone small business concern and complies with 13 CFR 126.616(c); and (2) Each party to the joint venture qualifies as small under the size standard for the solicitation, or the protégé is small under the size standard for the solicitation in a joint venture comprised of a mentor and protégé with an approved mentor-protégé agreement under the SBA mentor-protégé program. (e) A HUBZone joint venture agrees that, in the performance of the contract, at least 40 percent of the aggregate work performed by the joint venture shall be completed by the HUBZone small business parties to the joint venture. Work performed by the HUBZone small business party or parties to the joint venture must be more than administrative functions. (End of clause) [63 FR 70274, Dec. 18, 1998, as amended at 75 FR 77732, Dec. 13, 2010; 76 FR 68036, Nov. 2, 2011; 85 FR 11769, Feb. 27, 2020; 86 FR 44244, Aug. 11, 2021; 87 FR 58226, 58237, Sept. 23, 2022]
19.1309(a)
(a)The contracting officer shall insert the clause 52.219-3, 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 8.405-5 and 16.505(b)(2)(i)(F) or when orders may be issued directly to one HUBZone small business concern in accordance with 19.504(c)(1)(ii).
(b)The contracting officer shall insert the clause at 52.219-4, 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 52.219-14, Limitations on Subcontracting, see the prescription at 19.507(e).
(d) For use of clause 52.219-33, Nonmanufacturer Rule, see the prescription at 19.507(h).
(b)The contracting officer shall insert the clause at 52.219-4, 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 52.219-14, Limitations on Subcontracting, see the prescription at 19.507(e).
(d) For use of clause 52.219-33, Nonmanufacturer Rule, see the prescription at 19.507(h).
Prescription data sourced from eCFR as of 2026-06-10 03:16 UTC.
Cross-references within the prescription are not resolved automatically.
Regulatory Stack
The layers of regulation that govern this clause, from the FAR prescription through agency-specific supplements and any active deviations.
RFO
RFO Version
Overhauled clause text
The Revolutionary FAR Overhaul publishes a revised version of this clause. See the RFO Version tab for the controlling authority under the RFO model.
FAR
FAR Prescription
19.1309(a)
(a)The contracting officer shall insert the clause 52.219-3, 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 8.405-5 and 16.505(b)(2)(i)(F) or when orders may be issued directly to one HUBZone small business concern in accordance with 19.504(c)(1)(ii).
(b)The contracting officer shall insert the clause at 52.219-4, 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 52.219-14, Limitations on Subcontracting, see the prescription at 19.507(e).
(d) For use of clause 52.219-33, Nonmanufacturer Rule, see the prescription at 19.507(h).
(b)The contracting officer shall insert the clause at 52.219-4, 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 52.219-14, Limitations on Subcontracting, see the prescription at 19.507(e).
(d) For use of clause 52.219-33, Nonmanufacturer Rule, see the prescription at 19.507(h).
Version History
Version history is sourced from the codified eCFR. Changes published only as class deviations or by the Revolutionary FAR Overhaul do not appear here until they are incorporated into the eCFR. For RFO-driven changes see the RFO Version tab and any active deviations cited above.
4 versions tracked from 2020-02-27 to 2022-10-28.
OCT 2022
October 28, 2022
CURRENT
Removed in this version
Added in this version
Unchanged
SEP 2022 (previous)
OCT 2022 (current)
17 added, 13 removed
(1)
(1) Contracts that have been set aside or awarded on a sole-source basis to, HUBZone small business concerns;
(1)
(1) At least one party to the joint venture is a HUBZone small business concern and complies with 13 CFR 126.616(c); and
46 added, 13 removed
(2)
(2) Any award resulting from this solicitation will be made to a HUBZone small business concern.
(2)
(2) Each party to the joint venture qualifies as small under the size standard for the solicitation, or the protégé is small under the size standard for the solicitation in a joint venture comprised of a mentor and protégé with an approved mentor-protégé agreement under the SBA mentor-protégé program.
7 added, 96 removed
(d)
(d) 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)
(d)
(d) Joint venture. A joint venture may be considered a HUBZone concern if—
61 added, 4 removed
(e)
[Not present in prior version]
(e)
(e) A HUBZone joint venture agrees that, in the performance of the contract, at least 40 percent of the aggregate work performed by the joint venture shall be completed by the HUBZone small business parties to the joint venture. Work performed by the HUBZone small business party or parties to the joint venture must be more than administrative functions. (End of clause)
SEP 2022
September 23, 2022
SUBSTANTIVE
Removed in this version
Added in this version
Unchanged
AUG 2021 (previous)
SEP 2022 (current)
36 added, 11 removed
(a)
(a) Definition. See 13 CFR 125.1 and 126.103 for definitions of terms used in the clause.
(a)
(a) Definition. "HUBZone small business concern," as used in this clause, 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).
16 added, 54 removed
(1)
(1) For contracts, in accordance with paragraph (b)(1) or (2) of this clause - [Contracting Officer check as appropriate.] _ By the end of the base term of the contract and then by the end of each subsequent option period; or _ By the end of the performance period for each order issued under the contract.
(1)
(1) Contracts that have been set aside or awarded on a sole-source basis to, HUBZone small business concerns;
14 added, 21 removed
(2)
(2) For orders, in accordance with paragraph (b)(3) or (4) of this clause, by the end of the performance period for the order.
(2)
(2) Any award resulting from this solicitation will be made to a HUBZone small business concern.
17 added, 26 removed
(3)
(3) For general construction, at least 15 percent of the cost of the contract performance to be incurred for personnel shall be spent on the concern's employees; or
(3)
(3) Orders set aside for HUBZone small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and
14 added, 26 removed
(4)
(4) For specialty trade construction, at least 25 percent of the cost of the contract performance to be incurred for personnel shall be spent on the concern's employees.
(4)
(4) Orders issued directly to HUBZone small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii).
99 added, 6 removed
(d)
(d) Limitations on subcontracting. The Contractor shall spend -
(d)
(d) 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)
1 added, 18 removed
(i)
(i) At least 25 percent of the cost of contract performance incurred for personnel on its own employees;
(i)
[Removed]
1 added, 35 removed
(ii)
(ii) At least 50 percent of the cost of the contract performance incurred for personnel on its own employees or on a combination of its own employees and employees of HUBZone small business concern subcontractors;
(ii)
[Removed]
1 added, 26 removed
(iii)
(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel on concerns that are not HUBZone small business concerns.
(iii)
[Removed]
1 added, 15 removed
(e)
(e) A HUBZone small business contractor shall comply with the limitations on subcontracting as follows:
(e)
[Removed]
1 added, 35 removed
(f)
(f) A HUBZone joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause shall be performed by the aggregate of the HUBZone small business participants.
(f)
[Removed]
1 added, 126 removed
(g)
(g) 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) Alternate I (MAR 2020). As prescribed in 19.1309(a)(2), substitute the following paragraphs (d)(3) and (d)(4) for paragraphs (d)(3) and (d)(4) of the basic clause:
(g)
[Removed]
AUG 2021
August 11, 2021
SUBSTANTIVE
Removed in this version
Added in this version
Unchanged
FEB 2020 (previous)
AUG 2021 (current)
6 added, 4 removed
(a)
(a) Definitions. See 13 CFR 125.6(e) for definitions of terms used in paragraph (c).
(a)
(a) Definition. See 13 CFR 125.1 and 126.103 for definitions of terms used in the clause.
49 added, 25 removed
(1)
(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;
(1)
(1) For contracts, in accordance with paragraph (b)(1) or (2) of this clause - [Contracting Officer check as appropriate.] _ By the end of the base term of the contract and then by the end of each subsequent option period; or _ By the end of the performance period for each order issued under the contract.
18 added, 42 removed
(2)
(2) When the total value of the contract is equal to or less than $25,000, a HUBZone small business concern nonmanufacturer may provide end items manufactured by other than a HUBZone small business concern manufacturer provided the end items are produced or manufactured in the United States.
(2)
(2) For orders, in accordance with paragraph (b)(3) or (4) of this clause, by the end of the performance period for the order.
25 added, 15 removed
(3)
(3) Paragraphs (f)(1) and (f)(2) of this section do not apply in connection with construction or service contracts.
(3)
(3) For general construction, at least 15 percent of the cost of the contract performance to be incurred for personnel shall be spent on the concern's employees; or
6 added, 20 removed
(d)
(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for -
(d)
(d) Limitations on subcontracting. The Contractor shall spend -
4 added, 13 removed
(ii)
(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the HUBZone prime contractor's employees or on a combination of the HUBZone prime contractor's employees and employees of HUBZone small business concern subcontractors;
(ii)
(ii) At least 50 percent of the cost of the contract performance incurred for personnel on its own employees or on a combination of its own employees and employees of HUBZone small business concern subcontractors;
1 added, 4 removed
(iii)
(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns.
(iii)
(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel on concerns that are not HUBZone small business concerns.
7 added, 10 removed
(4)
(4) Construction by special trade contractors. (i) At least 25 percent of the cost of contract performance to be incurred for personnel will be spent on the HUBZone prime contractor's employees;
(4)
(4) For specialty trade construction, at least 25 percent of the cost of the contract performance to be incurred for personnel shall be spent on the concern's employees.
10 added, 30 removed
(e)
(e) A HUBZone joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the HUBZone small business participants.
(e)
(e) A HUBZone small business contractor shall comply with the limitations on subcontracting as follows:
1 added, 35 removed
(f)(1)
(f)(1) When the total value of the contract exceeds $25,000, a HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business concern manufacturers.
(f)(1)
[Removed]
3 added, 3 removed
(g)
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)
Alternate I (NOV 2011). As prescribed in 19.1309(a)(1), substitute the following paragraphs (d)(3) and (d)(4) for paragraphs (d)(3) and (d)(4) of the basic clause:
(g)
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)
Alternate I (MAR 2020). As prescribed in 19.1309(a)(2), substitute the following paragraphs (d)(3) and (d)(4) for paragraphs (d)(3) and (d)(4) of the basic clause:
1 added, 27 removed
(d)(3)
(d)(3) General construction, at least 15 percent of the cost of the contract performance to be incurred for personnel will be spent on the concern's employees; or
(d)(3)
[Removed]
1 added, 29 removed
(d)(4)
(d)(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance to be incurred for personnel will be spent on the concern's employees.
(d)(4)
[Removed]
18 added, 5 removed
(i)
[Not present in prior version]
(i)
(i) At least 25 percent of the cost of contract performance incurred for personnel on its own employees;
34 added, 4 removed
(f)
[Not present in prior version]
(f)
(f) A HUBZone joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause shall be performed by the aggregate of the HUBZone small business participants.
FEB 2020
February 27, 2020
SUBSTANTIVE
Earliest version available from the eCFR
RFO Version
Comparison of the codified eCFR text against the Revolutionary FAR Overhaul revision. Highlights show additions (green) and deletions (red, struck through).
Clause Text
Substantive changes. The RFO version differs materially from the eCFR text.
eCFR (codified)
RFO (implemented)
Unchanged
52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award.
eCFR (codified)
RFO (implemented)
1 added, 1 removed
As prescribed in 19.1309(a), insert the following clause:
As prescribed in 19.105-4(a), insert the following clause:
2 added, 2 removed
Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022)
Notice of HUBZone Set-Aside or Sole-Source Award (Deviation Date)
2 added, 2 removed
(a)
(a) Definition. "HUBZone small business concern," as used in this clause, 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).
(a)
(a) Definition. HUBZone small business concern, as used in this clause, 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).
1 added
(2)
(2) Part or parts of a multiple-award contract that have been set aside for HUBZone small business concerns;
(2)
(2) Part or parts of a multiple-award contract that have been set aside for HUBZone small business concerns; and
2 added, 3 removed
(3)
(3) Orders set aside for HUBZone small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and
(3)
(3) Orders set aside for HUBZone small business concerns under multiple-award contracts as described in 8.4 and 16.5
2 added, 16 removed
(4)
(4) Orders issued directly to HUBZone small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii).
(4)
(c) General.
2 removed
(c)
(c) General. (1) Offers are solicited only from HUBZone small business concerns. Offers received from concerns that are not HUBZone small business concerns will not be considered.
(c)
(1) Offers are solicited only from HUBZone small business concerns. Offers received from concerns that are not HUBZone small business concerns will not be considered.
40 removed
[63 FR 70274, Dec. 18, 1998, as amended at 75 FR 77732, Dec. 13, 2010; 76 FR 68036, Nov. 2, 2011; 85 FR 11769, Feb. 27, 2020; 86 FR 44244, Aug. 11, 2021; 87 FR 58226, 58237, Sept. 23, 2022]
Prescription
Substantive changes. The RFO prescription differs materially from the eCFR prescription.
eCFR (codified)
RFO (implemented)
Unchanged
52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award.: Prescription
eCFR (codified)
RFO (implemented)
15 added, 55 removed
(a)
(a)The contracting officer shall insert the clause 52.219-3, 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 8.405-5 and 16.505(b)(2)(i)(F) or when orders may be issued directly to one HUBZone small business concern in accordance with 19.504(c)(1)(ii).
(a)
(1) The contracting officer must insert the clause at 52.219-33, Nonmanufacturer Rule, in solicitations and contracts, including multiple-award contracts, when orders may be set aside for small business concerns as described in subpart 8.4 and subpart 16.5, when—
31 removed
(b)
(b)The contracting officer shall insert the clause at 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns, in solicitations and contracts for acquisitions conducted using full and open competition.
(b)
13 removed
(c)
(c)For use of clause 52.219-14, Limitations on Subcontracting, see the prescription at 19.507(e).
(c)
13 removed
(d)
(d) For use of clause 52.219-33, Nonmanufacturer Rule, see the prescription at 19.507(h).
(d)
Related Clauses
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