6.204
Section 8(a) competition
FAR 6.204 allows contracting officers to limit competition to eligible 8(a) firms without separate justification, except for sole source awards over $25 million.
Overview
FAR 6.204 authorizes contracting officers to restrict competition to eligible 8(a) participants in order to meet statutory requirements under section 8(a) of the Small Business Act. This section clarifies that when a procurement is set aside for 8(a) competition, no separate justification or determination and findings (J&A or D&F) is required under FAR Part 6. However, for sole source 8(a) awards exceeding $25 million, additional requirements under FAR 6.302-5 and 6.303-1 apply. The regulation directs users to Subpart 19.8 for further details on 8(a) procedures and eligibility.
Key Rules
- Limiting Competition to 8(a) Participants
- Contracting officers may restrict competition to eligible 8(a) firms to fulfill statutory requirements.
- No Separate Justification Required
- No J&A or D&F is needed for competitive 8(a) set-asides under this part, except for sole source awards over $25 million.
Responsibilities
- Contracting Officers: May limit competition to 8(a) participants and must follow Subpart 19.8 procedures; must ensure compliance with justification requirements for large sole source awards.
- Contractors: 8(a) firms must maintain eligibility and be prepared for competitive opportunities.
- Agencies: Must ensure proper use of 8(a) competition and compliance with statutory and regulatory requirements.
Practical Implications
- This section streamlines the process for setting aside contracts for 8(a) competition, reducing administrative burden for competitive 8(a) actions. However, it highlights the need for additional documentation for large sole source awards. Contractors should be aware of eligibility requirements and the competitive nature of most 8(a) opportunities.