19.811-1
Sole source
FAR 19.811-1 establishes detailed procedures and documentation requirements for awarding sole source 8(a) contracts through the SBA, including specific forms, authorities, and signature processes.
Overview
FAR 19.811-1 outlines the procedures for preparing and executing sole source 8(a) contracts awarded through the Small Business Administration (SBA). It details the required forms, documentation, and signature processes for both standard and alternative contracting methods, ensuring compliance with statutory authorities for sole source awards. The section also provides flexibility for simplified acquisitions and allows for a streamlined, single-document approach when advance payments are not involved.
Key Rules
- Contract Preparation
- Contracts awarded to the SBA must follow agency procedures and use Standard Form 26 (or SF 1442 for construction).
- Contract for 8(a) Participant
- The contract for the 8(a) participant must cite the correct statutory authority, include appropriate clauses, and have specific information inserted by the SBA (contract number, dates, signatures).
- Signature Process
- The SBA must obtain the 8(a) contractor’s signature before returning the contract to the agency, aiming to complete this within 10 working days.
- Single Document Alternative
- When no advance payments are involved, a single contract document may be used for both the agency-SBA and SBA-8(a) agreements, with a tripartite agreement appended.
- Simplified Acquisition Threshold
- For contracts at or below the simplified acquisition threshold, simplified forms and the single-document approach may be used.
Responsibilities
- Contracting Officers: Prepare contracts per agency and FAR requirements, ensure correct forms and authorities are cited, and coordinate signatures.
- Contractors (8(a) participants): Review and sign contracts as required.
- SBA: Insert required information, obtain signatures, and return contracts promptly.
Practical Implications
- Ensures proper documentation and legal authority for sole source 8(a) awards.
- Streamlines the process for smaller contracts and those not involving advance payments.
- Delays can occur if signatures are not obtained promptly; close coordination with the SBA and 8(a) contractor is essential.