19.808-2
Competitive
Do not begin competitive negotiations with 8(a) participants until the SBA has formally accepted the acquisition into the 8(a) program.
Overview
FAR 19.808-2 addresses the procedures for conducting competitive 8(a) acquisitions under the Small Business Administration (SBA) 8(a) program. In these acquisitions, including follow-on contracts, the contracting officer is responsible for negotiating directly with eligible 8(a) participants, following the procedures outlined in FAR Part 15 (Contracting by Negotiation). However, it is critical that competitive negotiations among 8(a) participants do not begin until the SBA has formally accepted the acquisition into the 8(a) program. Initiating negotiations before this acceptance can result in the SBA declining to accept the acquisition for the program, potentially jeopardizing the procurement process.
Key Rules
- Direct Negotiations with 8(a) Participants
- Contracting officers must negotiate directly with eligible 8(a) firms in competitive 8(a) acquisitions, following FAR Part 15 procedures.
- SBA Acceptance Requirement
- Competitive negotiations must not begin until the SBA has formally accepted the acquisition into the 8(a) program; early negotiations may disqualify the acquisition from the program.
Responsibilities
- Contracting Officers: Ensure SBA acceptance before starting negotiations and follow FAR Part 15 procedures.
- Contractors: Participate in negotiations only after SBA acceptance.
- Agencies: Oversee compliance with SBA acceptance requirements and negotiation procedures.
Practical Implications
- This rule ensures the integrity of the 8(a) competitive process and protects the interests of eligible small businesses.
- Failure to comply can result in lost contracting opportunities and delays.
- Contracting officers must coordinate closely with the SBA to avoid premature negotiations.