Is a contracting officer's decision not to set aside for HUBZONE small businesses subject to review if within the simplified acquisition threshold?

A contracting officer's decision not to set aside a procurement for HUBZone small businesses within the simplified acquisition threshold is not subject to review. This is primarily due to the fact that the simplified acquisition threshold is designed to streamline the procurement process for small dollar value purchases, thereby providing flexibility to contracting officers. Within this threshold, contracting officers are often granted broad discretion regarding how to impose set-asides, since the overall aim is to expedite purchases and reduce administrative burdens.

The intent of this discretion is to empower contracting officers to make decisions that best suit the needs of their specific acquisition, often allowing them to choose the most straightforward procurement methods to meet agency goals without extensive oversight. Thus, by default, decisions made in this context are generally not reviewed, ensuring that agencies can carry out their needs efficiently while maintaining a focus on small business participation when it is practical and aligned with their purchasing strategies.