FAR 19.1309—Contract clauses.
Plain-English Summary
FAR 19.1309 tells contracting officers which HUBZone-related clauses must be included in solicitations and contracts, and it ties those clauses to the type of acquisition being conducted. It covers the mandatory use of FAR 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award, for HUBZone set-asides and HUBZone sole-source awards under FAR 19.1305 and 19.1306, including certain multiple-award contract situations where HUBZone orders may be set aside or issued directly to a HUBZone small business concern. It also requires FAR 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns, in full and open competition acquisitions. In addition, it points users to the separate prescriptions for FAR 52.219-14, Limitations on Subcontracting, and FAR 52.219-33, Nonmanufacturer Rule, rather than restating those requirements here. In practice, this section is a clause-selection rule: it ensures the solicitation and resulting contract accurately reflect the HUBZone program structure, the evaluation method, and the post-award performance restrictions that apply. For contracting officers, the main significance is avoiding clause omission or misapplication; for contractors, it signals whether the procurement is a set-aside, sole-source, or preference-based competition and what compliance obligations may follow.
Key Rules
Use 52.219-3 for HUBZone awards
The contracting officer must insert FAR 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award, in solicitations and contracts for acquisitions set aside for HUBZone small business concerns or awarded on a HUBZone sole-source basis under FAR 19.1305 or 19.1306.
Covers certain multiple-award orders
The same HUBZone notice clause applies to multiple-award contracts when orders may be set aside for HUBZone small business concerns under the cited ordering authorities, or when orders may be issued directly to one HUBZone small business concern under FAR 19.504(c)(1)(ii).
Use 52.219-4 for full and open competition
The contracting officer must insert FAR 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. This clause alerts offerors that HUBZone price evaluation preference rules may affect award evaluation.
Limitations on subcontracting is separate
FAR 19.1309 does not itself prescribe FAR 52.219-14, Limitations on Subcontracting; it directs the reader to the separate prescription at FAR 19.507(e). The clause is used when that other prescription applies.
Nonmanufacturer rule is separate
FAR 19.1309 also does not itself prescribe FAR 52.219-33, Nonmanufacturer Rule; it points to the separate prescription at FAR 19.507(h). The clause is included only when the nonmanufacturer rule applies under that authority.
Responsibilities
Contracting Officer
Determine the acquisition method and HUBZone status of the procurement, then insert the correct HUBZone clause(s) in the solicitation and contract. The contracting officer must use 52.219-3 for HUBZone set-asides and sole-source awards, use 52.219-4 for full and open competition, and consult the separate prescriptions for 52.219-14 and 52.219-33 when those clauses are required.
Agency
Ensure acquisition planning and solicitation templates support correct HUBZone clause usage, especially for multiple-award contracts and ordering procedures. Agencies should train personnel so the right clause is matched to the right procurement type.
HUBZone Small Business Concern
Review the solicitation and contract clauses to understand whether the procurement is a HUBZone set-aside, sole-source award, or a competition with HUBZone price preference. The contractor must also identify any performance or eligibility obligations that flow from the incorporated clauses and related prescriptions.
Other Offerors/Contractors
Understand that full and open competition procurements may include a HUBZone price evaluation preference, which can affect award outcomes. Offerors should read the solicitation carefully to determine whether HUBZone-related evaluation or performance clauses apply.
Practical Implications
Clause selection matters as much as the set-aside decision itself; omitting the correct HUBZone clause can create solicitation defects, protest risk, or post-award compliance problems.
Contracting officers should not assume all HUBZone procurements use the same clause package. The required clause depends on whether the action is a set-aside, sole-source, full and open competition, or a multiple-award ordering scenario.
The references to 52.219-14 and 52.219-33 are easy to miss because this section only points to their prescriptions. Users must check the separate FAR sections to confirm whether those clauses are required.
For contractors, the presence of 52.219-3 or 52.219-4 is a signal to examine the solicitation closely for HUBZone-specific evaluation rules, eligibility representations, and any downstream subcontracting or nonmanufacturer obligations.
In multiple-award environments, ordering procedures can trigger HUBZone clause requirements even when the base contract is not a simple set-aside, so acquisition teams should review both the contract vehicle and the order-level strategy.
Official Regulatory Text
(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).