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FAR Clause

52.219-4

Notice of Price Evaluation Preference for HUBZone Small Business Concerns.
View on acquisition.gov · View on eCFR.gov
Effective Date
OCT 2022
Active Deviations
—
Versions
4 (since 2020-02-27)
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 version 
52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns.

As prescribed in 19.1309(b), insert the following clause:

Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022)

(a)
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.

(b)
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.

□ Offeror elects to waive the evaluation preference.

(c)
Joint venture.
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 parties to the joint venture must be more than administrative functions.

(End of clause)

[63 FR 70275, Dec. 18, 1998, as amended at 69 FR 59704, Oct. 5, 2004; 70 FR 33661, June 8, 2005; 75 FR 77732, Dec. 13, 2010; 79 FR 61753, Oct. 14, 2014; 85 FR 11770, Feb. 27, 2020; 86 FR 44245, Aug. 11, 2021; 87 FR 58226, 58237, Sept. 23, 2022]
19.1309(b)
(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).
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.

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FAR FAR Prescription 19.1309(b)
(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).

View on acquisition.gov · View on eCFR.gov

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)
49 added, 89 removed
(c)
(c) 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)
(c)
(c) Joint venture. 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 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)
20 added, 8 removed
(a)
(a) Definition. See 13 CFR 126.103 for the definition of HUBZone.
(a)
(a) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except -
32 added, 16 removed
(b)
(b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except -
(b)
(b) 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. □ Offeror elects to waive the evaluation preference.
13 added, 16 removed
(i)
(i) At least 25 percent of the cost of contract performance to be incurred on its own employees;
(i)
(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and
5 added, 34 removed
(ii)
(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel on its own employees or on a combination of its own employees and employees of HUBZone small business concern subcontractors;
(ii)
(ii) Otherwise successful offers from small business concerns.
36 added, 30 removed
(2)
(2) For supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, on the concern or other HUBZone small business concerns;
(2)
(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.
47 added, 19 removed
(3)
(3) For general construction, at least 15 percent of the cost of the contract performance to be incurred for personnel on its own employees; or
(3)
(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.
87 added, 45 removed
(c)
(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 (d) and (e) of this clause do not apply if the offeror has waived the evaluation preference. □ Offeror elects to waive the evaluation preference.
(c)
(c) 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, 9 removed
(d)
(d) Limitations on subcontracting. The Contractor shall spend -
(d)
[Removed]
1 added, 29 removed
(1)
(1) For services (except construction), at least 50 percent of the cost of personnel for contract performance on its own employees or employees of other HUBZone small business concerns;
(1)
[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, 27 removed
(4)
(4) For construction by special trade contractors, at least 25 percent of the cost of the contract performance to be incurred for personnel on its own employees.
(4)
[Removed]
1 added, 31 removed
(e)
(e) 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 percentage of work requirements.
(e)
[Removed]
1 added, 126 removed
(f)
(f) 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(b)(2), substitute the following paragraphs (d)(3) and (d)(4) for paragraphs (d)(3) and (d)(4) of the basic clause:
(f)
[Removed]
AUG 2021 August 11, 2021 SUBSTANTIVE
Removed in this version
Added in this version
Unchanged
FEB 2020 (previous)
AUG 2021 (current)
5 added, 8 removed
(a)
(a) Definitions. See 13 CFR 125.6(e) for definitions of terms used in paragraph (d).
(a)
(a) Definition. See 13 CFR 126.103 for the definition of HUBZone.
16 added, 13 removed
(i)
(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and
(i)
(i) At least 25 percent of the cost of contract performance to be incurred on its own employees;
4 added, 9 removed
(ii)
(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the 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 to be incurred for personnel on its own employees or on a combination of its own employees and employees of HUBZone small business concern subcontractors;
28 added, 40 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 supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, on the concern or other HUBZone small business concerns;
3 added, 5 removed
(3)
(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
(3)
(3) For general construction, at least 15 percent of the cost of the contract performance to be incurred for personnel on its own employees; or
7 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, 7 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 services (except construction), at least 50 percent of the cost of personnel for contract performance on its own employees or employees of other HUBZone small business concerns;
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.
3 added, 5 removed
(4)
(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.
(4)
(4) For construction by special trade contractors, at least 25 percent of the cost of the contract performance to be incurred for personnel on its own employees.
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]
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 (JAN 2011). As prescribed in 19.1309(b)(1), substitute the following paragraphs (d)(3) and (d)(4) for paragraphs (d)(3) and (d)(4) of the basic clause:
(g)
[Removed]
125 added, 4 removed
(f)
[Not present in prior version]
(f)
(f) 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(b)(2), substitute the following paragraphs (d)(3) and (d)(4) for paragraphs (d)(3) and (d)(4) of the basic clause:
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
52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns.
eCFR (codified)
RFO (implemented)
2 added, 2 removed
As prescribed in 19.1309(b), insert the following clause:
As prescribed in 19.110(b), insert the following provision:
2 added, 2 removed
Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022)
Notice of Price Evaluation preference for HUBZone Small Business Concerns (Deviation Date)
19 removed
(a)
(a) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except—
(a)
(a) Evaluation preference.
19 added
(1)
(1)
(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except-
29 added, 36 removed
(2)
(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.
(2)
(b) Waiver of evaluation preference. A HUBZone small business concern may choose to waive the evaluation preference. If the concern waives the preference, the factor will be added to its offer for evaluation purposes.
6 added, 51 removed
(3)
(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.
(3)
□ Offeror chooses to waive the evaluation preference.
31 removed
(b)
(b) 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.
(b)
8 removed
□ Offeror elects to waive the evaluation preference.
1 added, 1 removed
(End of clause)
(End of provision)
52 removed
[63 FR 70275, Dec. 18, 1998, as amended at 69 FR 59704, Oct. 5, 2004; 70 FR 33661, June 8, 2005; 75 FR 77732, Dec. 13, 2010; 79 FR 61753, Oct. 14, 2014; 85 FR 11770, Feb. 27, 2020; 86 FR 44245, 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
52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns.: Prescription
eCFR (codified)
RFO (implemented)
16 added, 68 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)
(b) Insert the provision at 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns, in solicitations for acquisitions conducted using full and open competition.
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)

Source: acquisition.gov RFO Part 52 · Prescribing Part 19

Related Clauses

Referenced by

52.212-5
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