Section 8(a) competition
FAR 6.204 allows contracting officers to limit competition to eligible 8(a) firms without additional justification, except for sole source awards over $30 million.
Overview
FAR 6.204 allows contracting officers to restrict competition for certain federal contracts exclusively to eligible participants in the Small Business Administration’s (SBA) 8(a) Business Development Program. This supports statutory requirements to promote small business participation, particularly for disadvantaged businesses. The section clarifies that when limiting competition to 8(a) firms, contracting officers do not need to prepare a separate justification or determination and findings under FAR Part 6. However, for sole source 8(a) awards exceeding $30 million, additional requirements under FAR 6.302-5 and 6.303-1 apply.
Key Rules
- Limiting Competition to 8(a) Participants
- Contracting officers may restrict competition to eligible 8(a) firms to meet statutory small business goals.
- No Separate Justification Required
- No additional justification or determination is needed for competitive 8(a) set-asides under this section.
- Sole Source Awards Over $30 Million
- For sole source 8(a) contracts above $30 million, further justification and documentation are required per FAR 6.302-5 and 6.303-1.
Responsibilities
- Contracting Officers: Must ensure only eligible 8(a) participants are solicited and follow additional procedures for large sole source awards.
- Contractors: 8(a) firms must maintain eligibility and compliance with SBA requirements.
- Agencies: Oversee adherence to 8(a) competition rules and ensure proper documentation for large sole source awards.
Practical Implications
This section streamlines the process for setting aside contracts for 8(a) firms, reducing administrative burden for competitive 8(a) procurements. It is crucial for contracting officers to verify 8(a) eligibility and understand when additional justification is required. Common pitfalls include failing to document eligibility or missing requirements for high-value sole source awards.