19.802
Determining eligibility for the 8(a) program
Only the SBA determines 8(a) program eligibility, and contracting officers must verify status using SBA's official databases before awarding 8(a) contracts.
Overview
- FAR 19.802 clarifies that the Small Business Administration (SBA) is solely responsible for determining whether a small business is eligible to participate in the 8(a) Business Development Program.
- The eligibility requirements are governed by SBA regulations at 13 CFR 124.101 through 124.112, not by the contracting agency.
Key Rules
- SBA Determines Eligibility
- Only the SBA can determine if a business qualifies for the 8(a) program; contracting officers and agencies cannot make this determination.
- Official Listings
- SBA designates eligible 8(a) participants in the Dynamic Small Business Search (DSBS) and the System for Award Management (SAM), which serve as the authoritative sources for 8(a) status.
Responsibilities
- Contracting Officers: Must verify 8(a) eligibility by checking the SBA’s designation in DSBS or SAM before awarding 8(a) contracts.
- Contractors: Must ensure their 8(a) status is current and accurately reflected in SBA systems.
- Agencies: Should defer all eligibility determinations to the SBA and use official databases for verification.
Practical Implications
- This section exists to prevent agencies from making independent eligibility determinations and to ensure uniformity in 8(a) program participation.
- It impacts daily contracting by requiring reliance on SBA’s official records, reducing disputes over eligibility.
- Common pitfalls include failing to check the most current status in DSBS or SAM, or attempting to self-certify 8(a) eligibility.