Overview
This section establishes the "once 8(a), always 8(a)" principle, dictating that any requirement accepted into the 8(a) program must remain there for follow-on acquisitions unless specific release criteria are met. It outlines the mandatory coordination, documentation, and notification procedures a Contracting Officer (CO) must follow to procure such requirements through non-8(a) channels.
Key Rules
- The "Once 8(a), Always 8(a)" Rule: Follow-on requirements must stay in the 8(a) program unless the SBA agrees to a release or a mandatory source (per FAR 8.002 or 8.003) is used.
- Release Authority: To remove a requirement from the 8(a) program, the CO must submit a written request to and receive concurrence from the SBA Associate Administrator for Business Development.
- Criteria for Release: The SBA generally only grants a release if the agency intends to set the requirement aside for another small business category (HUBZone, SDVOSB, WOSB, or Small Business) and must consider the impact on the incumbent 8(a) firm's business development.
- "New" Requirement Notification: If a CO determines a requirement is "new" rather than a "follow-on," they must notify the SBA District Office and Procurement Center Representative (PCR) with supporting documentation (Acquisition Plan, SOW/PWS, and contract values) to justify the move outside the 8(a) program.
- Limited Competition Vehicles: Moving a requirement from a general 8(a) pool to a limited competition vehicle (not available to all 8(a) participants) requires formal coordination and written notice to the SBA.
- Mandatory Source Exception: If using a mandatory source, the CO must provide the SBA a 30-day notice and a written determination prior to the end of the current contract.
Practical Implications
- Administrative Burden: Contracting Officers face a high bar for removing requirements from the 8(a) program, requiring early planning and extensive documentation to satisfy SBA oversight.
- Strategic Planning: Since release is rarely granted for full-and-open competition, agencies must be prepared to justify follow-on procurements as other small business set-asides if they seek to move away from the 8(a) program.
- Risk of Definition Disputes: Disagreements between agencies and the SBA often hinge on whether a requirement is truly "new" or a "follow-on"; COs must ensure Statement of Work (SOW) changes are significant enough to defend a "new" designation.