Unestricted Sol. - 52.219-4 Usage
Started by Pocmint · Aug 4, 2011 · 1 replies
- POriginal post
Pocmint
Aug 4, 2011 · 14y ago
In an Unrestricted solicitation, do you automatically insert FAR 52.219-4 or Alt I? Our market research has indicated that there is not a reasonable likelihood of receiving offers from 2 or more responsible small business concerns, including HUBZones. In fact, we determined that we are not likely to receive any offers from HUBZones.
The prescription for use of 52.219-4 says that "before issuing a solicitation for general construction or construction by special trade contractors, the contracting officer shall determine if at least two HUBZone small business concerns can spend at least 50 percent of the cost of contract performance to be incurred for personnel on their own employees or subcontract employees of other HUBZone small business concerns." The prescription for Alt 1 says "The contracting officer shall use the clause with its Alternate I to waive the 50 percent requirement if the conditions at 19.1308(
apply", which refers back to the contracting officer determination of at least 2 HUBZones spending at least 50% of cost...I guess my question is, if a Contracting Offcer makes a determination that there are at least 2 HUBZones that can do either of these, why would the solicitation not be a HUBZone set-aside vs. Unrestricted? And if you have decided to go Unrestricted and have already determined that there is not the likelihood of receiving offers from HUBZones, do you automatically default to using 52.219-4 Alt I?
Not sure if I explained the confusion clearly, but my wheels have just been turning and turning on this one. Any insight is greatly appreciated!
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Don Mansfield
Aug 4, 2011 · 14y ago
I had to draw a decision tree for this one. Here's what I have come up with.
1. If the acquisition will be conducted using full and open competition, then you must include FAR 52.219-4. FAR 19.1309( b ).
2. If the following two conditions are met, then you must use the clause with its alternate I. These conditions are:
a. At least two HUBZone small business concerns cannot meet the conditions of FAR 19.1308( a ); and
b. At least one HUBZone small business concern can meet the requirement at FAR 19.1309( b )(1) or (2).
So, if the contracting officer has not identified any HUBZone small business concerns, then condition 2b above would not be satisfied. As such, Alternate I would not be required.
As to your second question, if the contracting officer determined that the conditions for a set-aside existed, then a set-aside would take priority over full and open competition and FAR 52.219-4 could not be used.