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FBO DAILY ISSUE OF JULY 31, 2003 FBO #0609
MODIFICATION

70 -- HUBZone Small Business Set Aside for Cisco Equipment

Notice Date
7/29/2003
 
Notice Type
Modification
 
Contracting Office
Department of Commerce, National Institute of Standards and Technology (NIST), Acquisition and Logistics Division, 100 Bureau Drive, Building 301, Room B129, Mail Stop 3571, Gaithersburg, MD, 20899-3571
 
ZIP Code
20899-3571
 
Solicitation Number
SB1341-03-Q-0718
 
Response Due
8/12/2003
 
Archive Date
8/27/2003
 
Point of Contact
Joseph Widdup, Contract Specialist, Phone (301) 975-6324, Fax (301) 975-8884,
 
E-Mail Address
joseph.widdup@nist.gov
 
Small Business Set-Aside
Total HUB-Zone
 
Description
This solicitation is hereby cancelled, since NIST just obtained information from SBA that this procurement cannot be conducted as a HUBZone small business set aside. Explanation: Almost a year ago, SBA issued draft regs that will clarify some of the ambiguities of the language in their regulations, but will also clarify the restrictive nature of the program. Hubzone small businesses only may be joined (either as a contractor/sub or teaming arrangement) with another Hubzone small business. And, the mentor-protgete program does not apply to the Hubzone program; only to 8(a). Similarly, the class waiver to the nonmanufacturer rule for routers and switches upon which we were relying does not apply to Hubzone acquisitions. The only exceptions for the nonmanufacturer rule in Hubzone acquisitions are for buys under $25,000. (This procurement would have been valued at a much higher dollar amount than that.) In short, the definitions for non-manufacturer in 13 CFR for Hubzone small businesses refer one to the definition set out in the 8(a) regulations; but only to 2 of the 3 prongs. The applicable sections of the definition do not include the class waiver provision. This is reflected in FAR 52.219-3(e), which clearly provides that a Hubzone small business non-manufacturer must furnish end products from another Hubzone small business. In summary, this solicitation is cancelled and will not be procured using any other open market method, including through the 8(a) program. It cannot be procured through the 8(a) program because one of the restrictions in going through the 8(a) program is that the procurement has not been previously advertised as a small business set aside or as a HUBZone small business set aside. The Government has determined that it will satisfy the requirements of this procurement through an existing Government contract program.
 
Record
SN00385666-W 20030731/030729213358 (fbodaily.com)
 
Source
FedBizOpps.gov Link to This Notice
(may not be valid after Archive Date)

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