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SUBPART 219.8--CONTRACTING WITH THE SMALL BUSINESS ADMINISTRATION (THE 8(a) PROGRAM)

(Revised March 25, 2016)

 

 



 219.800 General.
 219.803 Selecting acquisitions for the 8(a) Program.
 219.804 Evaluation, offering, and acceptance.
 219.804-1 Agency evaluation.
 219.805 Competitive 8(a).
 219.805-1 General.
 219.805-2 Procedures.
 219.806 Pricing the 8(a) contract.
 219.808 Contract negotiations.
 219.808-1 Sole source.
 219.811 Preparing the contracts.
 219.811-3 Contract clauses.


219.800  General.

 

      (a)  By Partnership Agreement (PA) between the Small Business Administration (SBA) and the Department of Defense (DoD), the SBA has delegated to the Under Secretary of Defense (Acquisition, Technology, and Logistics) its authority under paragraph 8(a)(1)(A) of the Small Business Act (15 U.S.C. 637(a)) to enter into 8(a) prime contracts, and its authority under 8(a)(1)(B) of the Small Business Act to award the performance of those contracts to eligible 8(a) Program participants.  However, the SBA remains the prime contractor on all 8(a) contracts, continues to determine eligibility of concerns for contract award, and retains appeal rights under FAR 19.810.  The SBA delegates only the authority to sign contracts on its behalf.  Consistent with the provisions of the PA, this authority is hereby redelegated to DoD contracting officers.  A copy of the PA, which includes the PA’s expiration date, is available at PGI 219.800 (DFARS/PGI view). 

 

      (b)  Contracts awarded under the PA may be awarded directly to the 8(a) participant on either a sole source or competitive basis.  An SBA signature on the contract is not required.

 

      (c)  Notwithstanding the PA, the contracting officer may elect to award a contract pursuant to the provisions of FAR Subpart 19.8.

 

219.803  Selecting acquisitions for the 8(a) Program.

When selecting acquisitions for the 8(a) Program, follow the procedures at PGI 219.803 (DFARS/PGI view).

 

See DoD Class Deviation 2014-O0007, Prohibition on the Use of the 8(a) Business Development Program for Acquisition of Military Simulation and Military Simulation Training, issued on March 14, 2014. The class deviation prohibits contracting officers from using FAR subpart 19.8, Contracting with the Small Business Administration (The 8(a) Program), to award prime contracts for military simulation and military simulation training.

 

219.804 Evaluation, offering, and acceptance.

When processing requirements under the PA, follow the procedures at PGI 219.804 (DFARS/PGI view).

 

219.804-1  Agency evaluation.

 

      (f)  The 8(a) firms should be offered the opportunity to give a technical presentation.

 

219.805  Competitive 8(a).

 

219.805-1  General.

 

      (b)(2)(A)  For acquisitions that exceed the competitive threshold, the SBA also may accept the requirement for a sole source 8(a) award on behalf of a small business concern owned by a Native Hawaiian Organization (Section 8020 of Pub. L. 109-148).

 

              (B)  “Native Hawaiian Organization,” as used in this subsection and as defined by 15 U.S.C. 637(a)(15) and 13 CFR 124.3, means any community service organization serving Native Hawaiians in the State of Hawaii

 

                    (1)  That is a not-for-profit organization chartered by the State of Hawaii;

 

                    (2)  That is controlled by Native Hawaiians; and

 

                    (3)  Whose business activities will principally benefit such Native Hawaiians.

 

219.805-2  Procedures.

When processing requirements under the PA, follow the procedures at PGI 219.805-2 (DFARS/PGI view) for requesting eligibility determinations.

 

219.806  Pricing the 8(a) contract.

For requirements processed under the PA cited in 219.800

 

      (1)  The contracting officer shall obtain certified cost or pricing data from the 8(a) contractor, if required by FAR subpart 15.4; and

 

      (2)  SBA concurrence in the negotiated price is not required.  However, except for purchase orders not exceeding the simplified acquisition threshold, the contracting officer shall notify the SBA prior to withdrawing a requirement from the 8(a) Program due to failure to agree on price or other terms and conditions.

 

219.808  Contract negotiations.

 

219.808-1  Sole source.

For sole source requirements processed under the PA, follow the procedures at PGI 219.808-1 (DFARS/PGI view).

 

219.811  Preparing the contracts.

When preparing awards under the PA, follow the procedures at PGI 219.811 (DFARS/PGI view).

 

219.811-3  Contract clauses.

 

      (1)  Use the clause at 252.219-7009, Section 8(a) Direct Award, instead of the clauses at FAR 52.219-11, Special 8(a) Contract Conditions, FAR 52.219-12, Special 8(a) Subcontract Conditions, and FAR 52.219-17, Section 8(a) Award, in solicitations and contracts processed in accordance with the PA cited in 219.800.

 

      (2)  Use the clause at 252.219-7010, Notification of Competition Limited to Eligible 8(a) Concerns—Partnership Agreement, in lieu of the clause at FAR 52.219-18, Notification of Competition Limited to Eligible 8(a) Concerns, in competitive solicitations and contracts when the acquisition is accomplished using the procedures of FAR 19.805 and processed in accordance with the PA cited in 219.800.

 

      (3)  Use the clause at 252.219-7011, Notification to Delay Performance, in solicitations and purchase orders issued under the PA cited in 219.800.

 

 


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