Release and notification requirements for non-8(a) procurement
Requirements accepted into the 8(a) program generally remain there for follow-on procurements unless formally released by SBA or a mandatory source is used, with strict notification and documentation requirements for contracting officers.
Overview
FAR 19.815 outlines the procedures and requirements for releasing a requirement from the 8(a) program for non-8(a) procurement. Once a requirement is accepted into the 8(a) program, it generally remains there for follow-on procurements unless the SBA agrees to release it or a mandatory source must be used. The section details the steps contracting officers must take to request release, including written requests to the SBA Associate Administrator for Business Development, and the information that must be provided (such as agency achievement of small business goals and the criticality of the requirement to the current 8(a) contractor). It also specifies notification requirements when a requirement is determined to be new or when using certain contracting vehicles or mandatory sources for follow-on procurements.
Key Rules
- Retention in 8(a) Program
- Requirements accepted into the 8(a) program remain unless released by SBA or a mandatory source is used.
- Release Process
- Contracting officers must submit a written request to the SBA Associate Administrator for Business Development to release a requirement, providing specific information about agency goals and the impact on the incumbent 8(a) contractor.
- Notification for New or Limited Competition Requirements
- Written notice must be provided to the SBA District Office and procurement center representative when a requirement is deemed new or when using a limited competition vehicle.
- Mandatory Source Notification
- If a mandatory source will be used, a written notice and determination must be sent to the SBA at least 30 days before contract end.
Responsibilities
- Contracting Officers: Must follow release and notification procedures, submit required documentation, and coordinate with SBA as specified.
- Contractors: Should be aware of the process and their rights if their requirement is considered for release from the 8(a) program.
- Agencies: Must track achievement of small business goals and ensure compliance with SBA coordination and notification requirements.
Practical Implications
- This section ensures that requirements are not arbitrarily removed from the 8(a) program, protecting opportunities for small disadvantaged businesses.
- Contracting officers must carefully document and justify any release or change in procurement approach, and coordinate closely with SBA.
- Failure to follow these procedures can result in delays, protests, or non-compliance findings.