19.802 Determining eligibility for the 8(a) program
Source: FAR 19.802 on acquisition.gov
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.
Determining the eligibility of a small business to be a participant in the 8(a) program is the responsibility of the SBA. SBA’s regulations on eligibility requirements for participation in the 8(a) program are found at 13 CFR 124.101 through 124.112. SBA designates the concern as an 8(a) participant in the Dynamic Small Business Search (DSBS) at https://web.sba.gov/pro-net/search/dsp_dsbs.cfm" target="_blank">https://web.sba.gov/pro-net/search/dsp_dsbs.cfm . SBA's designation also appears in the System for Award Management (SAM).