19.815 Release and notification requirements for non-8(a) procurement
Source: FAR 19.815 on acquisition.gov
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.
(a) Once a requirement has been accepted by SBA into the 8(a) program, any follow-on requirements (see definition at https://www.ecfr.gov/current/title-13/section-124.3" target="_blank">13 CFR 124.3) shall remain in the 8(a) program unless—
(1) SBA agrees to release the requirement from the 8(a) program for a follow-on, non-8(a) procurement in accordance with https://www.ecfr.gov/current/title-13/section-124.504#p-124.504(d)" target="_blank">13 CFR 124.504(d) (see paragraph (b) of this section); or
(2) There is a mandatory source (see 8.002 or 8.003; also see paragraph (f) of this section).
(b) To obtain release of a requirement for a follow-on, non-8(a) procurement, (other than a mandatory source listed at 8.002 or 8.003), the contracting officer shall make a written request to, and receive concurrence from, the SBA Associate Administrator for Business Development.
(c)
(1) The written request to the SBA Associate Administrator for Business Development shall indicate
(i) Whether the agency has achieved its small disadvantaged business goal;
(ii) Whether the agency has achieved its HUBZone, SDVOSB, WOSB, or small business goal(s); and
(iii) Whether the requirement is critical to the business development of the 8(a) contractor that is currently performing the requirement.
(2) Generally, a requirement that was previously accepted into the 8(a) program will only be released for procurements outside the 8(a) program when the contracting activity agency agrees to set aside the requirement under the small business, HUBZone, SDVOSB, or WOSB programs.
(3) The requirement that a follow-on procurement must be released from the 8(a) program in order for it to be fulfilled outside the 8(a) program does not apply to task or delivery orders offered to and accepted into the 8(a) program, where the basic contract was not accepted into the 8(a) program.
(d)
(1) When a contracting officer decides that a requirement previously procured under the 8(a) program is a new requirement and not a follow-on requirement to an 8(a) contract(s), the contracting officer shall coordinate with and submit a written notice to the SBA District Office servicing the 8(a) incumbent firm and to the SBA procurement center representative (or, if a procurement center representative is not assigned, see 19.402(a)) indicating that the agency intends to procure the requirement outside the 8(a) program (see 19.810(a)(4)).
(2) The written notice shall include a copy of the acquisition plan, if available; the performance work statement (PWS), statement of work (SOW), or statement of objectives (SOO) for the new contract requirement; and the values of the existing 8(a) contract(s) and the new contract requirement.
(e)
(1) When a contracting officer decides to procure a follow-on requirement to an 8(a) contract using an existing, limited competition contracting vehicle that is not available to all 8(a) participants, and the current or previous 8(a) contract was available to all 8(a) participants, the contracting officer shall coordinate with and submit a written notice to the SBA District Office servicing the 8(a) incumbent firm and to the SBA procurement center representative (or, if a procurement center representative is not assigned, see 19.402(a)) indicating the intent to do so.
(2) The written notice shall include a copy of the acquisition plan, if available; the PWS, SOW, or SOO for the new contract requirement; and the values of both contracts.
(f)
(1) When a mandatory source will be used for a follow-on requirement to an 8(a) contract, the contracting officer should submit a written notice to the SBA Associate Administrator for Business Development of the intent to do so at least 30 days prior to the end of the contract or order in accordance with https://www.ecfr.gov/current/title-13/section-124.504#p-124.504(d)(4)(ii)" target="_blank">13 CFR 124.504(d)(4)(ii).
(2) The written notice should include a written determination that a mandatory source will be used to fulfill the requirement.