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(b) SBA does not accept orders that would result in the total amount of orders issued under a particular BOA in U.S. dollars exceeding the competitive threshold of 19.805-1. In general, contract agents may award a contract to a company referred to in paragraph 8(a) on a single-source basis if the estimated cost is $4 million or less ($7 million for manufacturing). The DoD class gap has no influence on these limits, which can be found in the SBA rules in 13 C.F.R. § 124.506. Specifically, beyond these dollar thresholds, an 8(a) contract must be awarded if „there is a reasonable expectation that at least two eligible participants will submit bids at a fair market price“ and the application has not already awarded an exclusive contract to a tribal company or NCA. 4. The SBA shall obtain the signature of the contractor referred to in point 8(a) before signing the main contract and returning it to the contract agent for signature. The SBA will make every effort to obtain the signatures and return the contract and any subsequent bilateral amendments to the contract agent within a maximum period of 10 working days. (c) If the SBA`s complaint is rejected, the decision of the Head of the Agency shall state the reasons for the refusal, including, where appropriate, the reasons why the selected participant was found to be incompetent.

The decision is taken as part of the contract file. The government contract award agreement is not required to look for a single supplier. This is only an exception to the comprehensive and open competition rules. However, many 8(a) companies have yet to receive their first single 8a single-source contract. For companies participating in the SBA`s Contract 8a program that consider themselves a single source for a particular product or service, they should apply those services or products to the state prosecutor. On the other hand, the contractor is not required to enter into a contract directly with the SBA if it grants a sole-source justification to other small businesses that do not participate in the 8(a) program. (e) Where the SBA has delegated its power to implement the programme pursuant to Article 8(a) to an agency, the contract agent shall refer to its agency supplement or other guidelines in order to obtain appropriate guidance. We received questions about what this means for different small businesses, so we wanted to follow up on the previous blog post to discuss the practical implications for small businesses interested in larger individual contracts. The Final Arrangement shall also apply to the continued performance of contracts awarded to participants referred to in paragraph 8(a) undergoing a change in majority ownership. Currently, the general rule is that an 8(a) contract (or an 8(a) order where the underlying contract is not an 8(a) contract) must be performed by the 8(a) participant who originally received the order. [11] In the event of a change of control of Participant 8(a), contract or order 8(a) shall be terminated for convenience, unless SBA grants a waiver. One of the reasons the SBA grants an exemption is when the change of control passes to another „eligible“ participant in paragraph 8(a).

The final rule specifies that to be an „eligible“ participant in paragraph 8(a), the acquiring corporation must be „responsible“ for the performance of the contract established at the time of the waiver request, which must be submitted prior to the change of ownership. [12] To be „responsible for the performance of the contract“, the new owner must meet all the eligibility requirements of paragraph 8(a) and certify that it is a small business for the size standard corresponding to the NAICS code assigned to each contract for which an exemption is requested. In addition, the new owner must have performed work similar to the work performed under these contracts. This clarification provides an additional overview of the SBA`s derogation approval process. (c) Except in the case of public contracts where the SBA pays advances to its contractor in accordance with Article 8(a), the Agency`s contractor may, instead of the procedures set out in points (a) and (b) of this Subsection, use a single contractual document both for the main contract between the Agency and the SBA and for its contractor referred to in Article 8, point (a). The single contract document shall contain the information referred to in points (b)(1), (2) and (3) of this Subsection. The corresponding blocks on Standard Form (SF) 26 or 1442 will be marked with an asterisk and a supplementary sheet will be attached as a tripartite agreement containing: (a) The SBA cannot accept for negotiation a contract 8(a) from its own source that exceeds $22 million unless the applicant organization has completed a justification in accordance with the requirements of 6,303. (c) A contractor that has completed its period of participation in the programme referred to in paragraph 8(a) may receive a competitive contract under Article 8(a) if it was a participant referred to in paragraph 8 (a) entitled to tender at the initial time specified for the receipt of the tenders contained in the invitation and continues to meet all other applicable eligibility criteria.

(a) The SBA shall advise the contractual activity of a participant referred to in paragraph 8(a) by means of a research letter and shall request the contractual activity to identify acquisitions in support of the participant`s business plans. In such cases, the SBA shall provide at least the following information so that the contractual activity can attribute an acquisition to the capabilities of the participant: (iv) The signature of the SBA contractor. (3) The District Director of the SBA shall either in the district office serving the geographic area in which the contract activity is located, or in the district office serving the apparently selected supplier, or in the Associate Business Development Administrator. (a) Following the evaluation, the contracting entity shall inform the SBA of the scope of its plans to conclude contracts with the SBA in accordance with Article 8(a) for certain quantities of goods or works. The notification, known as the tender letter, shall specify the time limits within which the resulting awards under Article 8(a) must be completed in order for the Agency to carry out its tasks. The letter of offer must also include the following information that applies to each potential contract: (2) Generally, an application previously included in Program 8(a) will only be disclosed for procurement outside of Program 8(a) if the Contracting Agency agrees to waive the requirement under the Small Business, HUBZone, SDVOSB or WOSB programs. 3. The requirement that a follow-up contract under programme 8(a) must be released to be fulfilled outside programme 8(a) shall not apply to mission or supply contracts proposed and included in programme 8(a) if the basic contract has not been included in programme 8(a). (b) When estimating the fair market price for a purchase other than those referred to in point (c) of this Section, the procuring entity shall use a cost or price analysis and shall take into account commercial prices for similar goods and services, internal estimates of available costs, data (including certified cost or price data) provided by the SBA or the contractor in accordance with Article 8, point (a). and data obtained from other government agencies.

(c) The SBA should, as far as possible, participate in the negotiation of the terms of the contract. If this is consensual, the SBA may authorise the contract agent to negotiate directly with the participant referred to in paragraph 8(a). .