(a) A contracting officer may award a sole source contract to a HUBZone small business concern only when the contracting officer determines that:

(1) None of the provisions of §§ 126.605 or 126.607 apply;

(2) The anticipated award price of the contract, including options, will not exceed: (i) $7,000,000 for a contract assigned a manufacturing NAICS code, or

(ii) $4,500,000 for all other contracts.

(3) Two or more HUBZone small business concerns are not likely to submit offers;

(4) A HUBZone small business concern is a responsible contractor able to perform the contract; and

(5) In the estimation of the contracting officer, contract award can be made at a fair and reasonable price.

(6) The intended awardee is a certified HUBZone small business concern at the time of its initial offer and continues to be eligible on the date of award.

(b) A contracting officer may rely on the firm's status as a certified HUBZone small business concern in awarding a sole source HUBZone contract. However, if there is a status protest relating to the apparent successful offeror, SBA will determine eligibility as of the intended date of award.