HUBZone Set-Asides Mandatory or Not?

Since the decisions in the Contract Management cases I believe HUBZone set-asides are mandatory in certain circumstances.  I have advised HUBZone concerns to assert their right to have a requirement set-aside for HUBZone participation when those circumstances are met.  With the OMB memo and SBA changing its popsition taken in the Contract Management decision, it is now confusing to contractors, and I am sure contracting officers, when a HUBZone set-aside is mandatory. 

OMB says it is looking into the mandatory requirement and will issue another memo in 30 days. If OMB keeps its present position then it seems only further federal court litigation will settle the issue.  Unfortunately this is one of those issues where there seems to be no easy way to get a determination.  The Federal courts and GAO have ruled on the issue but OMB and SBA refuse to follow their clear direction.   I will address this issue in more depth in an article to appear on my websites, powerlawoffice.com and hubzonehelp.com.  Let me and others know what you think about this issue and file a comment.

Comments

[RamonGustav]

I think you have a thorough understanding in this matter. You describe in detail all here.

[Antivirus_man]

You write well will be waiting for your new publications.

[school_dubl]

Happy New Year! Happiness and success in 2011.