19.805-2 Procedures
Source: FAR 19.805-2 on acquisition.gov
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.
(a) Offers shall be solicited from those sources identified in accordance with 19.804-3.
(b) The SBA will determine the eligibility of the apparent successful offeror. Eligibility is based on section 8(a) program criteria (see https://www.ecfr.gov/current/title-13/section-124.501#p-124.501(g)" target="_blank">13 CFR 124.501(g) and 19.816(c)).
(1) In either negotiated or sealed bid competitive 8(a) acquisitions SBA will determine the eligibility of the apparent successful offeror and advise the contracting office within 5 working days after receipt of the contracting office's request for an eligibility determination.
(i) If SBA determines that the apparent successful offeror is ineligible, the contracting office will then send to SBA the identity of the next highest evaluated offeror for an eligibility determination. The process is repeated until SBA determines that an identified offeror is eligible for award.
(ii) If the contracting officer believes that the apparent successful offeror (or the offeror SBA has determined eligible for award) is not responsible to perform the contract, the contracting officer must refer the matter to SBA for Certificate of Competency consideration under subpart 19.6.
(2) For a two-step design-build procurement, an 8(a) participant must be eligible for award under the 8(a) program on the initial date for receipt of phase one offers specified in the solicitation (see https://www.ecfr.gov/current/title-13/section-124.507#p-124.507(d)(3)" target="_blank">13 CFR 124.507(d)(3).
(3) In any case in which an 8(a) participant is determined to be ineligible, SBA will notify the 8(a) participant of that determination.
(c) Any party with information questioning the eligibility of an 8(a) participant to continue participation in the 8(a) program or for the purposes of a specific 8(a) award may submit such information to the SBA in accordance with 13 CFR 124.112(c).
(d)
(1) SBA does not certify joint ventures, as entities, into the 8(a) program.
(2) A contracting officer may consider a joint venture for contract award. SBA does not approve joint ventures for competitive awards (but see https://www.ecfr.gov/current/title-13/section-124.501#p-124.501(g)" target="_blank">13 CFR 124.501(g) for SBA's determination of participant eligibility).