19.804-2
Agency offering
Agencies must submit a detailed offering letter to the SBA with all required information and follow specific submission and public notice procedures for 8(a) contract opportunities.
Overview
FAR 19.804-2 outlines the process and requirements for federal agencies to formally offer contract requirements to the Small Business Administration (SBA) for award under the 8(a) Business Development Program. The regulation details the information that must be included in the agency's offering letter to the SBA, the proper channels for submitting different types of requirements (e.g., construction, sole source, competitive), and the need to publicly synopsize all 8(a) requirements. This process ensures transparency, proper documentation, and compliance with 8(a) program rules.
Key Rules
- Offering Letter Content
- Agencies must provide detailed information about the requirement, including description, period of performance, NAICS code, estimated value, contract type, acquisition history, and any special restrictions or capabilities needed.
- Submission Procedures
- Construction requirements are submitted to the SBA District Office for the work location or the nominated offeror; non-construction sole source and competitive requirements have specific submission rules based on geography or nominated participant.
- Public Synopsis Requirement
- All 8(a) requirements, including construction, must be synopsized through the Governmentwide Point of Entry (GPE), with construction synopses specifying the competition's geographical area.
Responsibilities
- Contracting Officers: Prepare and submit complete offering letters to the SBA, follow submission protocols, and ensure public synopsis of requirements.
- Contractors: Ensure eligibility and express interest in 8(a) opportunities; nominated 8(a) participants may need to justify their selection.
- Agencies: Maintain accurate records, comply with submission and notification requirements, and coordinate with SBA offices as needed.
Practical Implications
- This section ensures that 8(a) contract opportunities are properly documented, justified, and made transparent to eligible small businesses. Failure to include all required information or follow submission protocols can delay or jeopardize 8(a) contract awards. Agencies and contractors must be diligent in meeting these requirements to maintain program integrity and avoid compliance issues.