19.811-3
Contract clauses
FAR 19.811-3 mandates the inclusion of specific clauses in 8(a) contracts and solicitations to ensure compliance with SBA and FAR requirements, depending on the acquisition method and parties involved.
Overview
FAR 19.811-3 outlines the specific contract clauses that must be included in contracts and solicitations under the Small Business Administration (SBA) 8(a) program. It directs contracting officers to insert designated FAR clauses depending on the acquisition method and the parties involved (e.g., between the SBA and the agency, or the SBA and the 8(a) contractor). The section also references additional requirements for competitive and sole source 8(a) awards, as well as limitations on subcontracting and the nonmanufacturer rule for certain contracts or orders. This ensures that all 8(a) contracts are compliant with SBA and FAR requirements, protecting the integrity of the 8(a) program and clarifying obligations for all parties involved.
Key Rules
- Clause 52.219-11 (Special 8(a) Contract Conditions)
- Must be included in contracts between the SBA and the agency using procedures in 19.811-1(a) and (b).
- Clause 52.219-12 (Special 8(a) Subcontract Conditions)
- Required in contracts between the SBA and its 8(a) contractor under the same procedures.
- Clause 52.219-17 (Section 8(a) Award)
- Inserted in competitive solicitations and contracts using 19.805 procedures and in sole source awards using the alternative procedure in 19.811-1(c).
- Clause 52.219-18 (Notification of Competition Limited to Eligible 8(a) Participants)
- Used in competitive solicitations/contracts under 19.805; Alternate I is used when competition is limited to specific SBA districts.
- Clauses 52.219-14 and 52.219-33
- Referenced for limitations on subcontracting and the nonmanufacturer rule as per 19.507(e) and (h).
Responsibilities
- Contracting Officers: Must ensure the correct clauses are inserted in all relevant 8(a) contracts and solicitations, following the specified procedures and referencing additional requirements as needed.
- Contractors: Must comply with the terms and conditions set forth in the inserted clauses, including limitations on subcontracting and nonmanufacturer rules where applicable.
- Agencies: Must oversee compliance with these requirements and ensure proper contract administration.
Practical Implications
- This section ensures that all 8(a) contracts include the necessary clauses to comply with SBA and FAR requirements, reducing risk of noncompliance.
- Contracting officers must be diligent in identifying the correct acquisition procedure and inserting the appropriate clauses.
- Failure to include required clauses can result in contract disputes, compliance issues, or loss of 8(a) program benefits.