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MegB

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Busniess Concerns

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This is more of a rhetorical question, but if anyone has any input that is great.

Why is 52.219-4 a clause instead of a provision?

I don't see why this would be a clause because everything that is stated in it talks about how HUBZone offers will be evaluated. I don't see anything in 52.219-4 that would be relevant to the contract itself. 52.212-2 is a provision because it prescribes how the offers will be evaluated and I see 52.219-4 the same way. If I am looking at this from the wrong perspective, let me know.

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Look at paragraphs (d), (e) and (f). The contractor is agreeing to do something during contract performance.

See this definition from FAR Part 2:

“Contract clause” or “clause” means a term or condition used in contracts or in both solicitations and contracts, and applying after contract award or both before and after award.

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FAR 52.219-4 is one of a small number of combined solicitation provisions/contract clauses in FAR. You can identify them by the fact that they contain both "offeror" and "contractor." See, for example, FAR 52.204-7. The FAR councils wrote them for a while, but they never explained why. It may have seemed to be more efficient than writing two separate texts about the same topic, but it's sloppy.

In FAR 52.219-4, paragraphs (B), ( c), and (g) contain the provision material, while paragraphs (d), (e), and (f) contain the clause material.

The DOD FAR Supplement DFARS) also contains a few combined provisions/clauses. On Friday, March 30, 2012, 77 Fed. Reg. 19128, DOD issued a change to the DFARS to separate some combined provisions/clauses in that regulation, saying that such combinations are inconsistent with DFARS drafting conventions. It's also inconsistent with the FAR drafting conventions. See Chapter 3 para. (e)(2)(vii).

It's just one of those things.

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