19.808
Contract negotiation
FAR 19.808 establishes clear procedures for negotiating 8(a) contracts, ensuring both sole source and competitive awards are handled in compliance with SBA requirements.
Overview
FAR 19.808 addresses the procedures and requirements for contract negotiation under the Small Business Administration’s (SBA) 8(a) Program. This section distinguishes between sole source and competitive contract negotiations, providing guidance for contracting officers on how to proceed in each scenario. The goal is to ensure that negotiations with 8(a) participants are conducted fairly, efficiently, and in accordance with federal regulations, whether the contract is awarded on a sole source or competitive basis.
Key Rules
- Sole Source Negotiation (19.808-1)
- Outlines the process for negotiating contracts directly with a single 8(a) participant, including coordination with the SBA and ensuring price reasonableness.
- Competitive Negotiation (19.808-2)
- Details procedures for negotiating contracts when multiple 8(a) participants compete, including evaluation, discussions, and final proposal revisions.
Responsibilities
- Contracting Officers: Must follow prescribed negotiation procedures, coordinate with the SBA, and ensure compliance with 8(a) program requirements.
- Contractors (8(a) Participants): Must respond to negotiation requests and provide necessary documentation or proposals.
- Agencies: Oversee adherence to 8(a) program rules and maintain records of negotiation processes.
Practical Implications
- Ensures transparency and fairness in awarding 8(a) contracts.
- Impacts how quickly and efficiently 8(a) contracts are negotiated and awarded.
- Common pitfalls include failing to coordinate with the SBA or not following proper negotiation protocols, which can delay awards or result in noncompliance.