FAR 6.205—Set-asides for HUBZone small business concerns.
Plain-English Summary
FAR 6.205 is a short but important competition policy provision that addresses HUBZone small business set-asides. It covers two main topics: first, the authority of contracting officers to restrict a solicitation so that only HUBZone small business concerns may compete, and second, the fact that no separate justification or determination and findings (D&F) is required under FAR Part 6 to make that set-aside decision. In practice, this section implements the HUBZone Act of 1997 by confirming that HUBZone set-asides are a permitted acquisition strategy when the applicable HUBZone rules are met, and it removes an extra administrative hurdle that might otherwise slow the procurement process. The section points readers to FAR 19.1305 for the detailed eligibility and procedural requirements, so FAR 6.205 is best understood as the competition-policy authorization, not the full operational rule set. For contracting officers, it means HUBZone set-asides can be used without a Part 6 justification package; for contractors, it signals that some solicitations will be limited to HUBZone small business concerns only.
Key Rules
HUBZone set-aside authority
Contracting officers may set aside solicitations so that only HUBZone small business concerns may compete. This is an authorized way to fulfill the statutory requirements of the HUBZone Act of 1997.
No Part 6 D&F required
A separate justification or determination and findings is not required under FAR Part 6 to set aside a contract action for HUBZone small business concerns. The set-aside decision does not need the additional competition exception paperwork that applies in other contexts.
Follow FAR 19.1305
This section does not contain the full procedural test for using a HUBZone set-aside. Contracting officers must look to FAR 19.1305 for the specific conditions and steps governing when and how a HUBZone set-aside may be made.
Limited competition scope
When a solicitation is set aside under this authority, competition is restricted to HUBZone small business concerns only. Offerors that do not qualify as HUBZone small business concerns are excluded from competing.
Responsibilities
Contracting Officer
May decide to set aside a solicitation for HUBZone small business concerns when appropriate, and must apply the detailed HUBZone procedures in FAR 19.1305. The contracting officer does not need to prepare a separate Part 6 justification or D&F for the set-aside.
Agency
Must support use of HUBZone set-asides as a lawful acquisition strategy when the statutory and regulatory conditions are met, and ensure acquisition personnel understand that Part 6 does not require a separate justification for this action.
HUBZone Small Business Concern
Must meet HUBZone eligibility requirements to compete for a HUBZone set-aside and should be prepared to demonstrate or maintain that status as required by the applicable small business regulations.
Other Offerors
Must recognize that they are not eligible to compete in a HUBZone-only set-aside unless they qualify as HUBZone small business concerns.
Practical Implications
This section makes HUBZone set-asides easier to use because it removes the need for a separate Part 6 justification package, saving time and administrative effort.
The main compliance risk is confusing the authority to set aside a procurement with the eligibility and procedural rules for doing so; those details are in FAR 19.1305, not here.
Contracting officers should document the set-aside decision in the acquisition file as needed under agency practice, even though a separate D&F is not required under Part 6.
Contractors should watch solicitation notices carefully, because a HUBZone set-aside limits competition to qualified HUBZone small business concerns only.
Because this is a narrow rule, it should not be used as a substitute for checking all HUBZone eligibility and small business set-aside requirements before issuing the solicitation.
Official Regulatory Text
(a) To fulfill the statutory requirements relating to the HUBZone Act of 1997 ( 15 U.S.C. 631 note ), contracting officers may set aside solicitations to allow only HUBZone small business concerns to compete (see 19.1305 ). (b) No separate justification or determination and findings is required under this part to set aside a contract action for HUBZone small business concerns.