19.804-4
Repetitive acquisitions
Each repetitive acquisition under the 8(a) program requires a separate SBA offer and acceptance to ensure fairness, eligibility, and proper program administration.
Overview
FAR 19.804-4 addresses the requirements for awarding repetitive acquisitions under the 8(a) program. For each repetitive acquisition, agencies must submit a separate offer and obtain a separate acceptance from the Small Business Administration (SBA). This process ensures that the SBA can evaluate whether the acquisition should be competitive, confirm the eligibility of the nominated 8(a) participant (including whether it is the same firm as before), assess the impact on equitable distribution of contracts, and determine if the requirement should remain in the 8(a) program. The regulation is designed to maintain fairness and compliance in the administration of the 8(a) program for recurring requirements.
Key Rules
- Separate Offers and Acceptances Required
- Each repetitive acquisition under the 8(a) program must have its own offer and acceptance process with the SBA.
- SBA Determinations
- The SBA uses the separate offer and acceptance to decide on competition, participant eligibility, equitable distribution, and program continuation for the requirement.
Responsibilities
- Contracting Officers: Must submit a new offer to the SBA for each repetitive acquisition and await acceptance before proceeding.
- Contractors: Must ensure continued eligibility for 8(a) awards and be aware that prior performance does not guarantee future awards.
- Agencies: Must comply with SBA determinations and facilitate the offer/acceptance process for each repetitive acquisition.
Practical Implications
- This section ensures that recurring requirements are not automatically awarded to the same 8(a) participant, promoting fairness and competition.
- Contractors should not assume automatic follow-on awards; eligibility and program status are reassessed each time.
- Agencies must plan for the administrative steps required for each repetitive 8(a) acquisition, which can impact timelines.