19.814 Requesting a formal size determination (8(a) sole source requirements)
Source: FAR 19.814 on acquisition.gov
FAR 19.814 provides a formal process for resolving disputes over the size status of 8(a) sole source contract nominees, ensuring only eligible small businesses receive awards.
Overview
FAR 19.814 outlines the procedures for requesting a formal size determination when the size status of an 8(a) participant, nominated for an 8(a) sole source contract, is questioned. This section specifies who may submit such a request to the Small Business Administration (SBA), the timeline for SBA’s response, and the process for appealing a size determination. The regulation ensures that only eligible small businesses receive 8(a) sole source awards by providing a formal mechanism to resolve size status disputes.
Key Rules
- Who Can Request a Size Determination
- Requests can be made by the nominated 8(a) participant, the contracting officer (or SBA program official), the SBA District Director or Associate Administrator for Business Development, or the SBA Inspector General.
- SBA Response Timeline
- SBA’s Government Contracting Area Director should issue a formal size determination within 15 business days of receiving the request, if possible.
- Appeal Process
- Appeals of SBA size determinations must follow the procedures outlined in FAR 19.302.
Responsibilities
- Contracting Officers: Must be aware of the process and may initiate a size determination request if the participant’s size status is in question.
- Contractors (8(a) participants): May request a formal size determination if their eligibility is challenged.
- SBA Officials: Responsible for processing requests and issuing determinations within the specified timeframe.
Practical Implications
- This section ensures the integrity of the 8(a) program by providing a clear process for resolving size status disputes.
- Timely resolution is critical to avoid delays in contract awards.
- Contractors and contracting officers should be familiar with the appeal process in case of adverse determinations.
(a) If the size status of an 8(a) participant nominated for award of an 8(a) sole source contract is called into question, a request for a formal size determination may be submitted to SBA pursuant to 13 CFR 121.1001(b)(2)(ii) by-
(1) The 8(a) participant nominated for award of the particular sole source contract;
(2) The contracting officer who has been delegated SBA’s 8(a) contract execution functions, where applicable, or the SBA program official with authority to execute the 8(a) contract;
(3) The SBA District Director in the district office that services the 8(a) participant or the Associate Administrator for Business Development; or
(4) The SBA Inspector General.
(b) SBA’s Government Contracting Area Director will issue a formal size determination within 15 business days, if possible, after SBA receives the request for a formal size determination.
(c) An appeal of an SBA size determination shall follow the procedures at 19.302.