Overview
This section outlines the specific parties authorized to request a formal size determination for an 8(a) participant nominated for a sole source contract and establishes the timeline and process for the Small Business Administration's (SBA) decision.
Key Rules
- Authorized Requesters: Only the following entities may request a formal size determination for an 8(a) sole source requirement:
- The 8(a) participant nominated for the contract award.
- The Contracting Officer (CO) with delegated 8(a) authority or the SBA program official authorized to execute the contract.
- The SBA District Director (servicing the participant) or the Associate Administrator for Business Development.
- The SBA Inspector General.
- Timeline: The SBA Government Contracting Area Director is tasked with issuing a formal size determination within 15 business days of receiving the request, if possible.
- Appeals: Any appeal of a size determination issued under this section must follow the standard procedures established in FAR 19.302.
Practical Implications
- Limited Standing: Unlike competitive acquisitions where rival bidders can protest size, the pool of individuals who can challenge an 8(a) participant's size in a sole source environment is strictly limited to the government and the firm itself.
- Procurement Speed: The 15-business-day target for SBA's determination helps minimize delays in the sole source direct award process, though the "if possible" language allows for flexibility in complex cases.