19.805-2
Procedures
FAR 19.805-2 mandates strict SBA eligibility checks and procedural steps to ensure only qualified 8(a) participants receive competitive 8(a) awards, including special rules for joint ventures and design-build procurements.
Overview
FAR 19.805-2 outlines the procedures for conducting competitive 8(a) acquisitions, focusing on the solicitation of offers, eligibility determinations, and the handling of joint ventures. The section details the roles of the Small Business Administration (SBA) and the contracting officer in ensuring that only eligible 8(a) participants are considered for award, and provides steps for addressing eligibility and responsibility concerns during the procurement process.
Key Rules
- Solicitation of Offers
- Offers must be solicited from sources identified per FAR 19.804-3, ensuring only qualified 8(a) participants are invited.
- SBA Eligibility Determination
- SBA determines the eligibility of the apparent successful offeror within 5 working days of the contracting office's request. If ineligible, the process repeats with the next highest evaluated offeror.
- Responsibility Determination
- If the contracting officer questions the responsibility of an eligible offeror, the matter must be referred to SBA for a Certificate of Competency.
- Two-Step Design-Build Procurements
- 8(a) participants must be eligible on the initial date for phase one offers.
- Notification of Ineligibility
- SBA will notify any 8(a) participant determined to be ineligible.
- Eligibility Challenges
- Any party may submit information questioning an 8(a) participant’s eligibility to SBA.
- Joint Ventures
- SBA does not certify joint ventures as 8(a) entities, but contracting officers may consider them for award, subject to SBA’s eligibility determination.
Responsibilities
- Contracting Officers: Solicit offers from eligible sources, request SBA eligibility determinations, refer responsibility issues to SBA, and consider joint ventures per regulations.
- Contractors: Ensure 8(a) eligibility at the required time, respond to SBA inquiries, and be aware of joint venture rules.
- Agencies: Oversee compliance with 8(a) procedures and coordinate with SBA as required.
Practical Implications
- This section ensures only eligible 8(a) firms compete for and receive awards, protecting the integrity of the 8(a) program. Contractors must maintain eligibility and be prepared for SBA reviews. Contracting officers must follow strict procedures for eligibility and responsibility determinations, and be aware of the special rules for joint ventures and two-step procurements.