Overview
This section prescribes the procedures for preparing, formatting, and executing contract documents under the SBA 8(a) program, covering both sole source and competitive acquisitions. It outlines the specific administrative requirements for tripartite agreements between the procuring agency, the SBA, and the 8(a) participant, including mandatory forms and FAR clauses.
Key Rules
- Standard Forms: Contracting officers must use Standard Form (SF) 26 for general awards and SF 1442 for construction contracts.
- Legal Authorities: Sole source awards must cite 41 U.S.C. 3304(a)(5) or 10 U.S.C. 3204(a)(5) as the authority for using other than full and open competition.
- Tripartite Agreements: For both competitive and most sole source awards (except those involving advance payments), agencies may use a single tripartite document signed by the agency, the SBA, and the 8(a) contractor to streamline the award process.
- Execution Timeline: The SBA is required to make every effort to obtain the 8(a) contractor’s signature and return the signed contract to the agency within 10 working days.
- Mandatory Clauses:
- 52.219-11 & 52.219-12: Used for traditional two-step 8(a) contracting (Agency to SBA; SBA to firm).
- 52.219-17: Used for competitive awards and sole source awards using the tripartite procedure.
- 52.219-18: Mandatory for competitive 8(a) solicitations to notify participants of the restricted competition.
- 52.219-14 & 52.219-33: Must be included to address Limitations on Subcontracting and the Nonmanufacturer Rule.
Practical Implications
- Administrative Coordination: Contracting officers must account for the additional lead time required for the SBA to coordinate signatures with the 8(a) participant, which can impact procurement schedules.
- Simplified Documentation: The allowance for tripartite agreements in acquisitions—including those under the simplified acquisition threshold—reduces the burden of managing two separate contract vehicles for a single requirement.