19.809-1
Preaward survey
Contracting officers must refer substantial doubts about an 8(a) participant's ability to perform to the SBA for Certificate of Competency review before excluding them from award consideration.
Overview
FAR 19.809-1 addresses the use of preaward surveys for 8(a) program participants. Contracting officers are encouraged to request a preaward survey when it would be helpful in assessing an 8(a) participant's ability to perform on a contract. If the survey or other information suggests significant concerns about the participant's capability, the contracting officer must refer the issue to the Small Business Administration (SBA) for a Certificate of Competency (COC) review, as outlined in FAR subpart 19.6. This process ensures that 8(a) participants are given a fair opportunity to demonstrate their qualifications before being excluded from consideration due to doubts about their capability.
Key Rules
- Preaward Survey Recommendation
- Contracting officers should request a preaward survey for 8(a) participants when it is deemed useful for evaluating their ability to perform.
- Referral to SBA for COC
- If substantial doubt arises regarding the 8(a) participant's ability to perform, the contracting officer must refer the matter to the SBA for Certificate of Competency consideration.
Responsibilities
- Contracting Officers: Should request preaward surveys as needed and must refer capability concerns to the SBA for COC review.
- Contractors (8(a) Participants): Must be prepared to undergo preaward surveys and respond to any SBA inquiries related to COC.
- Agencies: Must ensure proper referral procedures are followed and coordinate with the SBA as required.
Practical Implications
- This section ensures that 8(a) participants are not unfairly excluded from contract awards due to unverified doubts about their capability.
- It provides a formal process for resolving concerns about performance capability, protecting both the government’s interests and the rights of small businesses.
- Common pitfalls include failing to refer concerns to the SBA or not documenting the basis for substantial doubt, which can lead to protest or procedural errors.