[Code of Federal Regulations]
[Title 13, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 13CFR126.601]

[Page 459]
 
                TITLE 13--BUSINESS CREDIT AND ASSISTANCE
 
                CHAPTER I--SMALL BUSINESS ADMINISTRATION
 
PART 126_HUBZONE PROGRAM--Table of Contents
 
                    Subpart F_Contractual Assistance
 
Sec.  126.601  What additional requirements must a qualified HUBZone SBC meet 

to bid on a contract?

    (a) In order to submit an offer on a specific HUBZone contract, the 
qualified HUBZone SBC, together with its affiliates, must be small under 
the size standard corresponding to the NAICS code assigned to the 
contract.
    (b) A firm must be a qualified HUBZone SBC both at the time of its 
initial offer and at the time of award in order to be eligible for a 
HUBZone contract.
    (c) At the time a qualified HUBZone SBC submits its initial offer, 
and where applicable its final offer, on a specific HUBZone contract, it 
must certify to the CO that:
    (1) It is a qualified HUBZone SBC that appears on SBA's List;
    (2) There has been no material change in its circumstances since the 
date of certification shown on the List that could affect its HUBZone 
eligibility;
    (3) It is small under the NAICS code assigned to the procurement; 
and
    (4) If the qualified HUBZone SBC was certified pursuant to Sec.  
126.200(b), it must represent that it will ``attempt to maintain'' (See 
Sec.  126.103) the required percentage of employees who are HUBZone 
residents during the performance of a HUBZone contract. If the qualified 
HUBZone SBC was certified pursuant to Sec.  126.200(a), then it must 
represent that at least 35% of its employees engaged in performing the 
HUBZone contract reside within any Indian reservation governed by one or 
more of its Indian Tribal Government owners or reside within any HUBZone 
adjoining any such Indian reservation.
    (d) If submitting an offer as a joint venture, each qualified 
HUBZone SBC must make the certifications in paragraph (c) of this 
section separately under its own name.
    (e) A qualified HUBZone SBC may submit an offer on a HUBZone 
contract for supplies as a nonmanufacturer if it meets the requirements 
of the nonmanufacturer rule set forth at Sec.  121.406(b)(1) of this 
chapter, and if the small manufacturer providing the end item for the 
contact is also a qualified HUBZone SBC.
    (1) There are no waivers to the nonmanufacturer rule for HUBZone 
contracts.
    (i) SBA will not issue contract-specific waivers as it does for 
small business set-aside and 8(a) contracts under Sec.  121.406(b)(3)(i) 
of this chapter.
    (ii) Class waivers issued under Sec.  121.406(b)(3)(ii) of this 
chapter do not apply to HUBZone contracts.
    (2) For HUBZone contracts at or below $25,000 in total value, a 
qualified HUBZone SBC may supply the end item of any manufacturer, 
including a large business, so long as the product acquired is 
manufactured or produced in the United States.

[69 FR 29424, May 24, 2004]