52.219-18
Notification of Competition Limited to Eligible 8(a) Participants
Only SBA-certified 8(a) participants or eligible joint ventures may compete for contracts under this clause, and strict eligibility and notification requirements apply.
Overview
FAR 52.219-18 establishes requirements for solicitations and awards limited to eligible 8(a) program participants. This clause ensures that only small businesses certified by the SBA for the 8(a) program, or eligible joint ventures, may compete for certain contracts. It outlines eligibility criteria, representation requirements, and procedures for contract award and notification of stock transfers. The clause also provides an Alternate I for competitions restricted to specific SBA regions or districts.
Key Rules
- Eligibility for Offers
- Only SBA-certified 8(a) small businesses, or qualifying joint ventures (including mentor-protégé arrangements), may submit offers. Each must meet business plan and activity target requirements.
- Offeror Representation
- By submitting an offer, the contractor certifies compliance with all eligibility criteria.
- Award Process
- Awards are made to the SBA, which subcontracts to the selected 8(a) participant. Joint ventures may be considered, but SBA does not approve them for competitive awards.
- Notification of Stock Transfer
- The SBA contractor must immediately notify the contracting officer of any agreement to transfer stock.
- Alternate I (Regional/District Limitation)
- If competition is limited to specific SBA regions/districts, the offeror’s business plan must be serviced by the designated SBA office.
Responsibilities
- Contracting Officers: Ensure only eligible 8(a) participants are solicited, verify representations, and insert appropriate regional/district information if Alternate I applies.
- Contractors: Certify eligibility, comply with business plan requirements, and notify of any stock transfers.
- Agencies: Oversee compliance and coordinate with SBA on awards and eligibility.
Practical Implications
- This clause ensures fair competition among eligible 8(a) firms and maintains program integrity. Contractors must be vigilant about eligibility and reporting requirements, especially regarding joint ventures and stock transfers. Failure to comply can result in ineligibility or contract termination.