SUPERCEDED BY PIC 12-08

 

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10-03B

 

Procurement Information Circular


November 1, 2012

NASA AND SBA PARTNERSHIP AGREEMENT (PA) TO ALLOW DIRECT CONTRACTING WITH 8(a) FIRMS

 

PURPOSE:  To implement the NASA/SBA Partnership Agreement (PA) that enables NASA contracting officers to contract directly with 8(a) contractors and streamline the 8(a) contracting process, and to update the implementing FAR deviation provided in PIC 08-06.  Revision B extends the expiration date of the PIC by one month from October 31, 2012 to November 30, 2012.

 

BACKGROUND:  On October 02, 2009, a PA was executed between SBA and NASA that establishes streamlined procedures for expediting the 8(a) Business Development (BD) Program award requirements pursuant to Sections 7(j) and 8(a) of the Small Business Act (15 U.S.C. 636(j) and 15 U.S.C. 637(a)). The objectives of the PA were to:

   1. Delineate the responsibilities as they relate to the oversight, monitoring, and compliance with procurement laws and regulations governing 8(a) contracts between SBA and NASA;

   2. Establish the procedures for offer and acceptance between SBA and NASA;

   3. Establish the time between when the NASA contracting office sends an offering letter to SBA and it receives SBA’s decision regarding the contract offering to a maximum of (5) working days for requirements greater than the simplified acquisition threshold

   4. Establish  the time between the request of eligibility determination of the selected 8(a) Participant to a maximum of two days for requirements valued at or below the simplified acquisition threshold;

   5. Emphasize that although SBA delegates the authority to sign contracts on its behalf, it remains the prime contractor on all 8(a) contracts and as such, must receive copies of the contract and any subsequent modifications;

   6. Eliminate SBA’s review of contracts and purchase orders executed under the authority of the PA; and

   7. Establish uniform policies and procedures regarding application of purchase orders to the 8(a) contracting process.

 

In addition, the PA established the requirement for NASA to ensure that all contracting officers and small business specialists receive 8(a) BD program contract training when provided to NASA by the SBA.

 

GUIDANCE:  A revised FAR class deviation is enclosed to implement the new PA. Inserted language is in bracketed bold face type and deleted text is lined-out. This deviation is substantively the same as that provided under PIC 08-06, with minor editorial changes and incorporates the requirement for the Contracting Officer to evaluate and document the 8(a) Participant’s ability to comply with the requirements of 52.219-14 Limitations on Subcontracting.  This class deviation is mandatory for all applicable requirements generated after the effective date of this PIC.  Ongoing requirements may be converted to these procedures with the written concurrence of the cognizant SBA field office.

 

CANCELLATION:  This PIC replaces PIC 10-03A.

 

EFFECTIVE DATE:  This PIC is effective as dated and expires November 30, 2012, unless extended, superseded, or canceled.

 

HEADQUARTERS CONTACT:  Craig Bowers, Office of Procurement, Analysis Division, (202) 358-2235, email: Craig.W.Bowers@nasa.gov.

    

 

William P. McNally

Assistant Administrator for Procurement

 

Enclosure




CLASS DEVIATION IMPLEMENTING THE NASA AND SBA PARTNERSHIP AGREEMENT (PA) TO ALLOW DIRECT CONTRACTING WITH 8(a) FIRMS

 

Subpart 19.8—Contracting with the Small Business Administration (The 8(a) Program)

 

19.800  General. (No Change)

 

19.801  [Reserved] NASA/SBA Partnership Agreement

   [(a) By Partnership Agreement (PA) dated August 10, 2007October 02, 2009, between the Small Business Administration (SBA) and NASA, the SBA delegated to each NASA installation and to NASA contracting officers, its authority under section 8(a)(1)(A) of the Small Business Act to enter into section 8(a) prime contracts, and its authority under section 8(a)(1)(B) of the Small Business Act to award the performance of those contracts to eligible section 8(a) program Participants.  This authority is delegated and shall expire on November 30, 2012, unless the PA is renewed by mutual agreement between NASA and SBA.

   (b) The PA provides for the award of both contracts and purchase orders.  It encompasses all competitive and non-competitive requirements offered and accepted by SBA into the 8(a) program including but not limited to:  Acquisition of Commercial Items (FAR Part 12); awards under the Simplified Acquisition Procedures (FAR Part 13); awards resulting from Sealed Bidding (FAR Part 14); Contracting by Negotiation (FAR Part 15); and Construction and Architect Engineer Contracts (FAR Part 36).

   (c)  The PA provides that NASA may should award contracts and purchase orders directly to the 8(a) Participant.  An SBA signature on the contract or purchase order is not required.  Awards may be made on a sole source basis or as a result of competition.]

 

19.802  Selecting concerns for the 8(a) Program.  (No Change)

19.803  Selecting acquisitions for the 8(a) Program.  (No Change)

19.804  Evaluation, offering, and acceptance.

19.804-1  Agency evaluation. (No Change)

19.804-2  Agency offering.

   (a) – (b) (No Change)

   (c) All requirements for 8(a) competition, other than construction, should be forwarded to the district office servicing the geographical area in which the contracting office is located. All requirements for 8(a) construction competition should be forwarded to the district office servicing the geographical area in which all or the major portion of the construction is to be performed. [For construction contracts to be performed overseas, should be forwarded to SBA Headquarters.] All requirements, including construction, must be synopsized through the GPE. For construction, the synopsis must include the geographical area of the competition set forth in the SBA’s acceptance letter.

   [(d) The notification shall clearly indicate that the offer is being processed under the PA.  All notifications should be faxed or e-mailed to the SBA when possible and, in addition to the information required by FAR 19.804-2 (a)-(c), shall specify –

            [(1) That under the PA, an SBA acceptance or rejection of the offer is required to be transmitted to NASA within 5 working days of receipt of the offer.  The letter should request that the SBA response be faxed or e-mailed to NASA;

            (2) For sole source offers, above the simplified acquisition threshold, that acceptance shall include a size verification and a determination of the 8(a) Participant’s program eligibility, and that upon acceptance, the contracting officer will solicit a proposal, conduct negotiations, and make award directly to the 8(a) firm; or

            (3) For competitive offers, above the simplified acquisition threshold, that upon acceptance, the contracting officer will solicit offers and conduct source selection.         

   (e) For acquisitions valued at or below the simplified acquisition threshold, a separate offer and acceptance letter is not required. ]

 

19.804-3  SBA acceptance.

   (a) Upon receipt of the contracting agency’s offer, the SBA will determine whether to accept the requirement for the 8(a) Program. The SBA’s decision whether to accept the requirement will be transmitted to the contracting agency in writing within 10 [5]working days of receipt of the offer if the contract is likely to exceed the simplified acquisition threshold and within 2 days of receipt if the contract is at or below the simplified acquisition threshold. The contracting agency may grant an extension of these time periods. [For competitive acquisitions, I]if SBA does not respond to an offering letter [with a notification of rejection] within 10 [5 working days of receipt of an offer], the contracting activity may seek SBA’s acceptance through the Associate Administrator, [Office of Business Development] (AA)/8(a)BD. [If the (AA)/BD does not reply to the offer within 5 working days of receipt of the offer, the contracting activity may assume acceptance on the sixth working day.  For sole source acquisitions, absent a notification of rejection within 5 working days of receipt of offer, the contracting activity may assume acceptance on the sixth working day unless an extension has been granted.]

 (b) If the acquisition is accepted as a sole source, the SBA will advise the contracting activity of the 8(a) firm selected for negotiation. Generally, the SBA will accept a contracting activity’s recommended source. [Acceptance shall include a size verification and determination with respect to all elements of eligibility (i.e., determinations of adverse impact, North American Industry Classification System (NAICS) Code appropriateness and program eligibility).]

   (c) [For acquisitions at or below the simplified acquisition threshold, a separate offer and acceptance letter is not required.  Prior to award, the contracting officer shall request a determination of eligibility of the selected 8(a) Participant from the SBA.  The SBA will review the program eligibility of the 8(a) Participant within 2 working days after the request for eligibility determination by the contracting officer.  Absent a notification that the selected 8(a) Participant is ineligible for the award within 2 working days, the contracting officer may assume the 8(a) Participant is eligible and proceed with the award] For acquisitions not exceeding the simplified acquisition threshold, when the contracting activity makes an offer to the 8(a) Program on behalf of a specific 8(a) firm and does not receive a reply to its offer within 2 days, the contracting activity may assume the offer is accepted and proceed with award of an 8(a) contract.

   (d) (no change)

 

19.804-4 Repetitive acquisitions, through 19.804-6 Indefinite delivery contracts. (No Change)

19.805  Competitive 8(a).

19.805-1  General. (No Change)

 

 

19.805-2  Procedures.

   (a) Offers shall be solicited from those sources identified in accordance with 19.804-3

   (b) The SBA will determine the eligibility of the firms for award of the contract. Eligibility will be determined by the SBA as of the time of submission of initial offers which include price. Eligibility is based on Section 8(a) Program criteria.

(1) In sealed bid acquisitions, upon receipt of offers, the contracting officer will provide the SBA a copy of the solicitation, the estimated fair market price, and a list of offerors ranked in the order of their standing for award (i.e., first low, second low, etc.) with the total evaluated price for each offer, differentiating between basic requirements and any options. The SBA will consider the eligibility of the first low offeror. If the first low offeror is not determined to be eligible, the SBA will consider the eligibility of the next low offeror until an eligible offeror is identified. The SBA will determine the eligibility of the firms and advise the contracting officer within 5 working days after its receipt of the list of bidders. Once eligibility has been established by the SBA, the successful offeror will be determined by the contracting activity in accordance with normal contracting procedures.

(2) In negotiated acquisition, the SBA will determine eligibility when the successful offeror has been established by the agency and the [contracting officer has submitted a request for eligibility determination] transmitted for signature unless a referral has been made under 19.809, in which case the SBA will determine eligibility at that point.   [The SBA shall issue an eligibility determination for the apparent successful offeror within 5 working days from the request of the contracting officer.]

   (c)-(d) (No Change)

 

19.806  Pricing the 8(a) contract.

   (a) The contracting officer shall price the 8(a) contract in accordance with Subpart 15.4. If required by Subpart 15.4, the SBA [contracting officer] shall obtain cost or pricing data from the 8(a) contractor. If the SBA requests audit assistance to determine the reasonableness of the proposed price in a sole source acquisition, the contracting activity shall furnish it to the extent it is available.

   (b)-(c) (No Change)

   (d) [For acquisitions above the simplified acquisition threshold, the contracting officer shall notify the SBA prior to withdrawing a requirement from the 8(a) program due to failure to agree on price or other terms and conditions.] The negotiated contract price and the estimated fair market price are subject to the concurrence of the SBA. In the event of a disagreement between the contracting officer and the SBA, the SBA may appeal in accordance with 19.810.

 

19.807  Estimating fair market price.  (No Change)

19.808  Contract negotiation.

19.808-1  Sole source.

(a) The SBA is responsible for initiating negotiations with the agency within the time established by the agency. If the SBA does not initiate negotiations within the agreed time and the agency cannot allow additional time, the agency may, after notifying the SBA, proceed with the acquisition from other sources.  [The contracting officer is responsible for initiating and conducting negotiations.]

   (b) The SBA should participate, whenever practicable, in negotiating the contracting terms. When mutually agreeable, the SBA may authorize the contracting activity to negotiate directly with the 8(a) contractor. Whether or not direct negotiations take place, the SBA is responsible for approving the resulting contract before award.  [The contracting officer shall negotiate directly with the 8(a) Participant.   If requested by the 8(a) Participant, the SBA may participate in negotiations.]

   [(c) The contracting officer shall evaluate and document the 8(a) Participant’s ability to comply with the requirements of 52.219-14 Limitations on Subcontracting.]

 

 19.808-2  Competitive. 

   In competitive 8(a) acquisitions subject to Part 15, the contracting officer conducts negotiations directly with the competing 8(a) firms. Conducting competitive negotiations among 8(a) firms prior to SBA’s formal acceptance of the acquisition for the 8(a) Program may be grounds for SBA’s not accepting the acquisition for the 8(a) Program. [The contracting officer shall evaluate and document the 8(a) Participant’s ability to comply with the requirements of 52.219-14 Limitations on Subcontracting.]

 

19.809  Preaward considerations.  (No Change)

19.810  SBA appeals.  (No Change)

19.811  Preparing the contracts.

 

19.811-1  Sole source.

   (a) The contract to be awarded by the agency [shall be made directly] to the SBA   [8(a) Participant and] shall be prepared in accordance with agency procedures. and in the same detail as would be required in a contract with a business concern. The contracting officer shall use the Standard Form 26 as the award form, except for construction contracts, in which case the Standard Form 1442 shall be used as required in 36.701(a).

(b)The agency shall prepare the contract that the SBA will award to the 8(a) contractor in accordance with agency procedures, as if the agency were awarding the contract directly to the 8(a) contractor, except for the following:

(1) The award form shall cite 41 U.S.C. 253(c)(5) or 10 U.S.C. 2304(c)(5) (as appropriate) as the authority for use of other than full and open competition.

(2) Appropriate clauses shall be included, as necessary, to reflect that the contract is between the SBA and the 8(a) contractor.

(3) The following items shall be inserted by the SBA:

(i) The SBA contract number.

(ii) The effective date.

(iii) The typed name of the SBA’s contracting officer.

(iv) The signature of the SBA’s contracting officer.

(v) The date signed.

(4) The SBA will obtain the signature of the 8(a) contractor prior to signing and returning the prime contract to the contracting officer for signature. The SBA will make every effort to obtain signatures and return the contract, and any subsequent bilateral modification, to the contracting officer within a maximum of 10 working days.

(b)[The contract to the 8(a) Participant shall:

            (1) Cite 10 U.S.C. 2304(c)(5) as the authority for use of other than full and open competition;              

            (2) The “Issued by” block shall identify the awarding NASA office

            (3) The section 8(a) Participant’s name and address shall be listed as the contractor

            (4) [Include the clause at 52.219-11 (Deviation) which allows for direct award to the 8(a) contractor and identification of the cognizant SBA district office for the 8(a) contractor;]

            (5)[Include the name of the NASA Center/Installation in the NASA contracting officer title in the signature block;]

   (c) [The contracting officer shall provide an executed copy of the contract or purchase order to the SBA servicing District Office within 15 working days of contract award.] Except in procurements where the SBA will make advance payments to its 8(a) contractor, the agency contracting officer may, as an alternative to the procedures in paragraphs (a) and (b) of this subsection, use a single contract document for both the prime contract between the agency and the SBA and its 8(a) contractor. The single contract document shall contain the information in paragraphs (b) (1), (2), and (3) of this subsection. Appropriate blocks on the Standard Form (SF) 26 or 1442 will be asterisked and a continuation sheet appended as a tripartite agreement which includes the following:

            (1) Agency acquisition office, prime contract number, name of agency contracting officer and lines for signature, date signed, and effective date.

            (2) The SBA office, the SBA contract number, name of the SBA contracting officer, and lines for signature and date signed.

            (3) Name and lines for the 8(a) subcontractor’s signature and date signed.

    

19.811-2 Competitive.

 [Awards shall be prepared in accordance with 19.811-1.]The contract will be prepared in accordance with 14.408-1(d), except that appropriate blocks on the Standard Form 26 or 1442 will be asterisked and a continuation sheet appended as a tripartite agreement which includes the following:

            (1) The agency contracting activity, prime contract number, name of agency contracting officer, and lines for signature, date signed, and effective date.

            (2) The SBA office, the SBA subcontract number, name of the SBA contracting officer and lines for signature and date signed.

   (b) The process for obtaining signatures shall be as specified in 19.811-1(b)(4).

 

19.811-3  Contract clauses.

   (a) The contracting officer shall insert the clause at 52.219-11, Special 8(a) Contract Conditions [(DEVIATION), in contracts and purchase orders awarded directly to the 8(a) contractor]  in contracts between the SBA and the agency when the acquisition is accomplished using the procedures of 19.811-1(a) and (b).

   (b) [Reserved]The contracting officer shall insert the clause at 52.219-12, Special 8(a) Subcontract Conditions, in contracts between the SBA and its 8(a) contractor when the acquisition is accomplished using the procedures of 19.811-1(a) and (b).

   (c) [Reserved] The contracting officer shall insert the clause at 52.219-17, Section 8(a) Award, in competitive solicitations and contracts when the acquisition is accomplished using the procedures of 19.805 and in sole source awards which utilize the alternative procedure in 19.811-1(c).

   (d) The contracting officer shall insert the clause at 52.219-18, Notification of Competition Limited to Eligible 8(a) Concerns [(Deviation)], in competitive solicitations and contracts when the acquisition is accomplished using the procedures of 19.805.

            (1) The [NASA deviation to the] clause at 52.219-18 with its Alternate I will be used when competition is to be limited to 8(a) concerns within one or more specific SBA districts pursuant to 19.804-2.

            (2) The [NASA deviation to the] clause at 52.219-18 with its Alternate II will be used when the acquisition is for a product in a class for which the Small Business Administration has waived the nonmanufacturer rule (see 19.102(f)(4) and (5)).

   (e) (No Change)

                                 

19.812  Contract administration.

   (a) No change

   (b) The agency shall distribute copies of the contract(s) in accordance with Part 4. All contracts and modifications, if any, shall be distributed to both the SBA and the firm in accordance with the timeframes set forth in 4.201 [and to the SBA servicing District Office within 15 working days of award.].

   (c) (No Change)

   (d) An 8(a) contract, whether in the base or an option year, must be terminated for convenience if the 8(a) concern to which it was awarded transfers ownership or control of the firm or if the contract is transferred or novated for any reason to another firm, unless the Administrator of the SBA waives the requirement for contract termination (13 CFR 124.515). The Administrator may waive the termination requirement only if certain conditions exist. Moreover, a waiver of the requirement for termination is permitted only if the 8(a) firm’s request for waiver is made to the SBA prior to the actual relinquishment of ownership or control, except in the case of death or incapacity where the waiver must be submitted within 60 days after such an occurrence. The clauses in the contract entitled “Special 8(a) Contract Conditions [(Deviation)]” and “Special 8(a) Subcontract Conditions” require[s] the [8(a) contractor] SBA and the 8(a) subcontractor to notify the contracting officer [and SBA] when ownership of the firm is being transferred. When the contracting officer receives information that an 8(a) contractor is planning to transfer ownership or control to another firm, the contracting officer must take action immediately to preserve the option of waiving the termination requirement. The contracting officer should determine the timing of the proposed transfer and its effect on contract performance and mission support. If the contracting officer determines that the SBA does not intend to waive the termination requirement, and termination of the contract would severely impair attainment of the agency’s program objectives or mission, the contracting officer should immediately notify the SBA in writing that the agency is requesting a waiver. Within 15 business days thereafter, or such longer period as agreed to by the agency and the SBA, the agency head must either confirm or withdraw the request for waiver. Unless a waiver is approved by the SBA, the contracting officer must terminate the contract for convenience upon receipt of a written request by the SBA. This requirement for a convenience termination does not affect the Government’s right to terminate for default if the cause for termination of an 8(a) contract is other than the transfer of ownership or control.

 

PART 52 – SOLICITATION PROVISIONS AND CONTRACT CLAUSES

 

52.219-11 Special 8(a) Contract Conditions.

   As prescribed in 19.811-3(a), insert the following clause:

Special 8(a) Contract Conditions (Feb 1990)

[(Deviation)]

 

   The Small Business Administration (SBA) agrees to the following:

   (a) To furnish the supplies or services set forth in this contract according to the specifications and the terms and conditions hereof by subcontracting with an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

   (b) That in the event SBA does not award a subcontract for all or a part of the work hereunder, this contract may be terminated either in whole or in part without cost to either party.

   (c) Except for novation agreements and advance payments, delegate to the _________ [insert name of contracting agency] the responsibility for administering the subcontract to be awarded hereunder with complete authority to take any action on behalf of the Government under the terms and conditions of the subcontract; provided, however, that the _________ [insert name of contracting agency] shall give advance notice to the SBA before it issues a final notice terminating the right of a subcontractor to proceed with further performance, either in whole or in part, under the subcontract for default or for the convenience of the Government.

   (d) That payments to be made under any subcontract awarded under this contract will be made directly to the subcontractor by the ___________ [insert name of contracting agency].

   (e) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the Contracting Officer cognizable under the "Disputes" clause of said subcontract.

   (f) To notify the _________ [insert name of contracting agency] Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

   [(a) This contract is issued as a direct award between the contracting activity and the 8(a) contractor pursuant to a Partnership Agreement between the Small Business Administration (SBA) and the National Aeronautics and Space Administration. Accordingly, the SBA is not a signatory to this contract. SBA does retain responsibility for 8(a) certification, 8(a) eligibility determinations and related issues, and providing counseling and assistance to the 8(a) contractor under the 8(a) program. The cognizant SBA district office is:

________________________________________

________________________________________

________________________________________

________________________________________

[insert name and address of cognizant SBA office]

   (b) The contracting activity is responsible for administering the contract and taking any action on behalf of the Government under the terms and conditions of the contract; provided, however, that the contracting activity shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the contract. The contracting activity shall also coordinate with the SBA prior to processing any novation agreement. The contracting activity may assign contract administration functions to a contract administration office.

   (c) The contractor agrees --

            (1) To notify the Contracting Officer, simultaneous with its notification to SBA (as required by SBA's 8(a) regulations), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern. Consistent with Section 407 of Public Law 100-656, transfer of ownership or control shall result in termination of the contract for convenience, unless SBA waives the requirement for termination prior to the actual relinquishing of ownership and control; and

            (2) It will not subcontract the performance of any of the requirements of this contract without the prior written approval of the SBA and the Contracting Officer.]

(End of clause)

 

52.219-12 [Reserved]

   As prescribed in 19.811-3(b), insert the following clause:

Special 8(a) Subcontract Conditions (FEB 1990)

   (a) The Small Business Administration (SBA) has entered into Contract No.________ [insert number of contract] with the ____________ [insert name of contracting agency] to furnish the supplies or services as described therein. A copy of the contract is attached hereto and made a part hereof.

   (b) The ___________ [insert name of subcontractor], hereafter referred to as the subcontractor, agrees and acknowledges as follows:

            (1) That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract No. ______ [insert number of contract] for the consideration stated therein and that it has read and is familiar with each and every part of the contract.

            (2) That the SBA has delegated responsibility, except for novation agreements and advance payments, for the administration of this subcontract to the _______ [insert name of contracting agency] with complete authority to take any action on behalf of the

Government under the terms and conditions of this subcontract.

            (3) That it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the designated Contracting Officer of the _______ [insert name of contracting agency].

            (4) That it will notify the __________ [insert name of contracting agency] Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

   (c) Payments, including any progress payments under this subcontract, will be made directly to the subcontractor by the ______ [insert name of contracting agency].

(End of clause)

 

52.219-13 through -16. (No Change)

 

52.219-17 Section 8(a) Award.  [Reserved]

As prescribed in 19.811-3(c), insert the following clause:

Section 8(a) Award (Dec 1996)

   (a) By execution of a contract, the Small Business Administration (SBA) agrees to the

following:

            (1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

            (2) Except for novation agreements and advance payments, delegates to the ______ [insert name of contracting activity] the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.

            (3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.

            (4) To notify the ___________ [insert name of contracting agency] Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

            (5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the "Disputes" clause of the subcontract.

   (b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.

   (c) The offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant Contracting Officer of the ______________ [insert name of contracting agency].

(End of clause)

 

52.219-18 Notification of Competition Limited to Eligible 8(a) Concerns.

As prescribed in 19.811-3(d), insert the following clause:

Notification of Competition Limited to Eligible 8(a) Concerns (June 2003)

[(Deviation)]

   (a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA’s 8(a) Program and which meet the following criteria at the time of submission of offer—

            (1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

            (2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

   (b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.

   (c) [Any award resulting from this solicitation will be made directly by the Contracting Officer to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.] Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

   (d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

            (2) The ____________ [insert name of SBA's contractor] will notify the ____________ [insert name of contracting agency] Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

(End of clause)

 

Alternate I (Apr 2005). (No Change)

Alternate II (Dec 1996). (No Change)