PARTNERSHIP AGREEMENT
Between
The U.S. Small Business Administration
and
U.S. Department of Commerce for the
8(a) Business Development Program
Executive Summary
Sections 7(j)(10) and 8(a) of the Small Business Act (the Act) (15 U.S.C. §§ 636(j)(10) and
637(a)) authorize the U.S. Small Business Administration (SBA) to establish a business
development program, which is known as the 8(a) Business Development (8(a) BD) Program.
The program is a nine-year program created to assist firms owned and controlled by socially
and economically disadvantaged individuals. Small business concerns owned and controlled by
Alaska Native Corporations (ANCs), Indian Tribes, Native Hawaiian Organizations (NHOs), and
Community Development Corporations (CDCs) are also eligible to participate in the 8(a) BD
Program. The SBA services all 8(a) Program Participants to provide various management,
technical, financial and procurement assistance designed to strengthen their ability to compete
effectively in the American economy.
The SBA partners with federal agencies to promote maximum utilization of 8(a) Program
Participants to ensure equitable access to contracting opportunities in the federal marketplace.
Once certified participants are eligible to receive federal contracting preferences.
Pursuant to section 8(a) of the Act the SBA is authorized to enter into all types of contracts
with other Federal agencies. By statute, the SBA enters into prime contracts with procuring
activities and arranges for the performance of those contracts by awarding subcontracts to
eligible 8(a) BD Program Participants. Through this Partnership Agreement (PA), the SBA is
delegating its contract execution functions to the procuring activity and is authorizing the
U.S. Department of Commerce (DOC) to execute and sign contracts on behalf of the SBA
and contract directly with the qualified 8(a) Program Participant. The DOC will continue to
perform all other required contract administration services. The 8(a) BD Program is governed
by Part 124 of SBA regulations (13 C.F.R. part 124) and the Federal Acquisition Regulation
(FAR), subpart 19.8 (48 C.F.R. § subpart 19.8).
For contracts with a duration of not more than five years awarded to an 8(a) Program
Participant, including multiple award contracts (MACs) and Government-Wide Acquisition
Contracts (GWACs) that are set-aside exclusively for 8(a) Participants, the firm is considered an
m of
participation in the 8(a) BD Program has ended or the firm has otherwise left the 8(a) BD
Program. Thus, where an 8(a) Program Participant is awarded an 8(a) MAC, the Participant may
term of participation in the
8(a) BD Program has ended or the firm has otherwise left the program. However, for any sole
source order under the 8(a) MAC, the firm must be an eligible Program Participant and must
qualify as small for the applicable size standard on the date of award for the order.
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In the case of MACs that were not set-aside for exclusive competition among 8(a) Participants,
an agency may restrict competition for an order to eligible 8(a) contract holders if the procuring
agency offers the order to the SBA and the SBA accepts it into the 8(a) BD Program. In such a
case, any firm seeking to be awarded the order must be an eligible Program Participant on the
initial date specified for receipt of offers contained in the order solicitation, or on the date of
award of the order if there is no solicitation.
If an 8(a) Program Participant is awarded a long-term 8(a) contract (i.e., one with a duration that
exceeds five years), the contracting officer must verify in the Dynamic Small Business Search
(DSBS) whether the firm continues to be an eligible 8(a) Participant no more than 120 days prior
to the end of the fifth year of the contract and no more than 120 days prior to exercising any
option. Where the contract holder no longer qualifies as an eligible 8(a) Participant or will cease
to qualify as an eligible 8(a) Participant during the 120-day period prior to the end of the fifth
year of the contract, the option shall not be exercised.
I. PURPOSE: The purpose of this Partnership Agreement (PA) between the SBA and the
DOC is to delegate the SBA's contract execution functions to DOC per 13 CFR § 124.501(a).
The following items are applicable to this PA:
A. The PA sets forth the delegation of authority, delineates responsibilities, and
establishes procedures for the award and oversight of 8(a) contract requirements.
B. The PA encompasses all competitive and non-competitive acquisitions of DOC
requirements awarded through the 8(a) BD Program.
C. This PA applies to all SBA offices and all DOC Office of Small Disadvantaged
Business Utilization (OSDBU) small business program offices and contracting
offices deemed appropriate by the head of the agency, as defined in FAR 2.101 for
DOC.
D. This PA supplements the requirements set forth for the 8(a) BD Program under
FAR 19.8 and 13 CFR § 124.
E. This PA replaces any previously executed Memorandum of Understanding (MOU)
or PA on the 8(a) BD Program between the SBA and DOC.
II. ROLES AND RESPONSIBILITIES
A. SBA
1. Delegates its 8(a) contract execution functions to the DOC, in accordance with
13 CFR § 124.501(a); delegates its authority under section 8(a)(1)(A) of the Act to
enter into 8(a) prime contracts, and its authority under section 8(a)(1)(B) of the Act
to arrange for the performance of such procurement contracts by eligible 8(a)
Program Participants. The DOC may re-delegate this authority to all warranted
DOC Contracting Officers (CO);
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2. Remains the prime contractor on all 8(a) contract awards, modifications,
options and purchase orders and must receive copies of all contracts and
subsequent modifications from the DOC in accordance with the processes
subcontractor;
3. Will implement its responsibilities under this PA through uniform procedures for
use by all SBA offices;
4. Will provide training for the DOC on the SBA 8(a) BD Program and various
aspects of the PA;
5. Shall review the DOC offering letters, and issue acceptance or rejection
letters in accordance with the procedures set forth in Section III of this PA;
6. Shall review requests from the DOC to release requirements from the 8(a) BD
Program, and approve or deny such requests in accordance with the procedures
set forth in Section III of this PA;
7. Shall select an appropriate 8(a) Program Participant when the DOC submits an
open offering letter for a sole source requirement;
8. Shall make eligibility determinations for 8(a) Program Participants;
9. Shall retain the responsibility for ensuring that 8(a) Program Participants
comply with all applicable provisions relating to continued eligibility for 8(a) BD
Program participation per 13 CFR § 124.112;
10. May identify a requirement for an 8(a) Program Participant for a possible
award. The SBA may submit capability statements to the appropriate DOC
contracting activities for the purpose of matching requirements consistent with the
8(a) Program Participant's capability;
11. Shall retain its appeal authority in accordance with FAR 19.810 and 13 CFR §
124.505; and
12. Shall retain the right to review all non-classified information in contract files so
that the SBA can ensure compliance with the terms and conditions of this
agreement.
13. Center Representative (PCR) will not sign the DOC
small business coordination form until the following pending actions with the 8(a)
BD Program are officially coordinated and resolved with the SBA: requests to
release a requirement from the 8(a) BD program; compliance with the notice
requirements of 13 CFR § 125.504(d) when work that is or was performed under
one or more 8(a) contracts will be procured outside the program through a
requirement that has been deemed new; and the notice requirements of 13 CFR §
4
125.504(d) when the agency seeks to re-procure a follow-on to an 8(a) contract
through a pre-existing limited 8(a) contracting vehicle and the incumbent 8(a)
contract award was not so limited. See Section II.B.5 of this PA for the notification
requirements.
14. Shall ensure SBA officials receive requisite education and training to deliver
services described in this PA.
B. DOC
1. Shall adhere to all 8(a) BD Program requirements identified in FAR 19.8 and 13
CFR § Part 124;
2. Shall determine which requirements are suitable for offering to the 8(a) BD
Program in accordance with FAR 19.8 and 13 CFR § Part 124, and, where
appropriate, identify in conjunction with the appropriate SBA servicing District
Office, 8(a) Program Participants capable of performing these requirements;
3. Shall submit offering letters to the SBA per FAR 19.8, 13 CFR § 124.502 and
this PA;
4. Shall submit release requests to the SBA per FAR 19.8, 13 CFR § 124.504(d)
and this PA;
5. Shall notify the SBA servicing District Office and the PCR assigned to the
contracting office initiating a non-8(a) procurement in accordance with 13 CFR
§124.504(d)(1) and this PA where a procurement intended for award outside the
8(a) BD program will contain work currently performed under one or more 8(a)
contracts and DOC determines that the procurement should not be considered a
follow-on requirement to the 8(a) contract(s), but rather procured through a
requirement that it considers to be new; such notification must include the dollar
value (exclusive of service extensions under FAR 52.217-8), primary and vital
requirements, and end user of the previously performed 8(a) contract(s) as well as
the dollar value, primary and vital requirements, and end user of the requirement
that the DOC considers to be new;
6. Shall notify the SBA servicing District Office when the agency seeks to re-
procure a follow-on to an 8(a) contract through a pre-existing limited 8(a) contracting
vehicle and the incumbent 8(a) contract award was not so limited;
7. Shall coordinate as early as possible with the SBA servicing District Office when
it seeks to offer a sole source 8(a) procurement on behalf of a joint venture. The
DOC shall submit offer letters for proposed 8(a) joint ventures for sole source 8(a)
services the 8(a)-managing venturer of the
joint venture for approval before contract award per FAR 19.8, 13 CFR § 124 and
this PA;
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Shall retain the responsibility for ensuring 8(a) BD Program Participants comply
with all limitations on subcontracting requirements, including FAR Clause 52.219-14;
functions by reporting all 8(a) contract awards, modifications, options and purchase
orders to the SBA until such time as the agreement is amended or terminated.
Provide a copy of all 8(a) contract awards, purchase orders, orders under BOAs and
BPAs, option year modifications, or other contract modifications (i.e., modifications
that add time, money or scope changes; novation, name changes) to the SBA
servicing District Office within fifteen (15) days of execution;
Shall have the final authority over CPARS ratings for 8(a) contracts. The SBA
may provide input or recommendations, but the final rating is determined by the
DOC;
Shall inform the CO and other warranted officials and their equivalents who are
awarding 8(a) contracts of their responsibilities concerning this agreement; and
Shall ensure that the CO and other warranted officials and their equivalents
obtain training on their obligations under this PA and the subcontracting limitations of
FAR 52.219-14 and 13 CFR §§ 124.510 and 125.6.
Shall ensure that any proposed sole source 8(a) contract action
contains the appropriate
FAR Subpart 6.3 justification for use of other than full and open competition.
Shall ensure that any proposed sole source that exceeds
contain Justification and Approval
(J&A) as set forth in FAR 19.808-1(a).
III. PROCEDURES: The policies and regulations detailed in the FAR, including FAR 19.8 and
13 CFR § Part 124 shall apply to 8(a) contracts, orders, modifications and options.
Agencies are not authorized to issue internal guidance that would deviate from this
agreement. The DOC and the SBA agree to the following:
A. 8(a) BD Program Offering and Acceptance
1. Offering letters: The DOC will follow the procedures at 13 CFR § 124.502
and FAR 19.804-2 for instructions to offer a procurement to the SBA for
award through the 8(a) BD Program and to submit offer letters to the SBA
District Office. The SBA District Office will evaluate the offering letter
package to determine if complete or request additional information if
necessary. The DOC will allow the SBA five (5) working days to complete
the review and respond with acceptance or decline.
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Actions below the Simplified Acquisition Threshold (SAT) do not require
offer and acceptance but do still require an eligibility determination for the
8(a) Program Participant (see Section III.A.3.b).
Sole source 8(a) Offers: Follow the procedures at FAR 19.808-1 and 13
CFR § 124.502(a). The DOC will coordinate with SBA on all offer letters
for sole source 8(a) procurements to verify eligibility.
Open Requirements: If DOC has a requirement for which no
specific 8(a) Program Participant is nominated, submit the offering
letter to the SBA District Office that services the geographical area
where the contracting activity is located. For competitive and open
construction requirements, submit the offering letter to the SBA
District Office servicing the geographical area where the work is to
be performed. For construction requirements where place of
performance is overseas submit the offer letter to the Division of
Management and Technical
receipt of a complete offering letter package
the respective SBA office will determine acceptance.
Nominated 8(a) Participants: If DOC has a requirement for
services or construction, and has nominated a specific 8(a)
Program Participant, submit the offering letter to the SBA
District Office responsible for servicing the nominated 8(a) firm.
Sole source offering on behalf of 8(a) Program Participant
for contracts above the competitive thresholds. Where the
DOC determines that an 8(a) Program Participant is
responsible to perform a specific requirement that exceeds the
applicable competitive thresholds, but that there is not a
reasonable expectation that at least two or more eligible 8(a)
Program Participants will submit offers at a fair price, the DOC
may submit a sole source offering letter on behalf of the identified
8(a) Program Participant. Only the AA/BD can approve such an
offering. The DOC CO will work with the servicing SBA District
Office to coordinate the request and establish a review timeline.
The DOC will use the appeal process described in Section III.C
below to resolve concerns.
Joint venture nominees: Where DOC offers a sole source 8(a)
procurement on behalf of a joint venture, the SBA will conduct an eligibility
review of the lead 8(a) party to the joint venture as part of its acceptance.
The SBA must approve the joint venture prior to the award of the sole
source contract. Submit the offering letter as soon as possible to the SBA
District Office servicing the 8(a) managing venturer
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to ensure that it is approved prior to award. Upon receipt, the SBA may
issue the acceptance or denial letter and eligibility determination,
applicable no later than five (5) working days; and will coordinate a
response date with the agency point of contact if more review time is
needed. If no response is received within five (5) working days of
request for acceptance, the DOC may assume acceptance on the sixth
(6
th
) working day.
c. For Basic Ordering Agreements (BOA) and Blanket Purchase
Agreements (BPA)
§ 16.703(a)). Each 8(a) sole source or 8(a) competitive order to be
issued under a BOA or BPA is an individual contract. The DOC must
offer, and the SBA must accept, each sole-source order under a
multiple-award BOA or BPA in addition to offering and accepting the
BOA or BPA itself. An 8(a) Program Participant seeking to be awarded
an order under a BOA or BPA must be a current, eligible Participant in
connection with each order. The SBA will not except for award on a sole
source basis any task order under a BOA or BPA that would cause the
total dollar amount of task orders issued to exceed the applicable
competitive threshold.
d. Competitive: Submit the offering letter for competitive 8(a)
requirements to the SBA District Office that services the geographical
area where the DOC contracting activity is located. For competitive
requirements to be performed overseas, submit the offering letters to the
Headquarters via email at o[email protected].
e. Task or Delivery Order Contracts, including Multiple Award
Contracts (MAC):
Multiple award contracts: Refer to 13 CFR § 124.503(i). If the
underlying task or delivery order contract or MAC was originally offered
and accepted by the SBA for the 8(a) BD Program, and set-aside
exclusively for 8(a) BD Program Participants, DOC is not required to
submit offer letters for competitive task orders. For sole source
orders, please follow the Offer and Acceptance procedures outlined in
Section III.A.1.a.iii of this PA. The DOC must offer, and the SBA must
accept, each sole source order under a multiple-award Task and
Delivery Order Contract, in addition to offering and accepting the Task
and Delivery Order Contract itself.
Single award contracts: No offer and acceptance are required for
competitive or sole source orders.
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f. Establishing a new Multiple Award Contract (MAC) reserved for the
8(a) Program: When establishing a new vehicle (defined as larger than
5 times the NAICS, multiple NAICS and/or a period of performance that
is longer than five years) exclusively for 8(a) Program Participants DOC
will work with their local SBA District Office to mutually establish a review
timeline.
3. SBA Acceptance in accordance with 13 CFR § 124.503:
a. Actions that exceed the simplified acquisition threshold: Follow the
procedures at FAR 19.804-3 and 13 CFR § 124.503(a). Upon receipt of
a complete offering letter package the SBA District Office will determine
acceptance. The DOC and the SBA agree that SB
whether to accept or reject the requirement will be transmitted to the
DOC CO in writing within five (5) working days of receipt of the
offer. Absent a notification of rejection within five (5) working days of
receipt of the offer, DOC may assume acceptance on the sixth (6
th
)
working day unless an extension has been requested and accepted.
i. Reference FAR 19.804-3(a): DOC and the SBA District Office
agree that if the CO sends an offering letter and subsequently
changes strategy before the SBA acceptance has been
provided, the DOC CO may withdraw the offering letter from
further consideration. Once the SBA receives the withdrawal, the
SBA will stop the process of acceptance and the DOC CO
does not have to go through the release procedures to remove
the requirement because it was never accepted into the 8(a) BD
Program.
ii. Withdrawal/substitution of offered requirement or
Participant: Refer to 13 CFR § 124.503(e). If the DOC
determines the identified 8(a) Program Participant is not a good
match for the procurement, including for such reasons as DOC
finding the Participant non-responsible or the negotiations
between the DOC and the Participant failing, the DOC may seek
to substitute another 8(a) Program Participant. The DOC must
inform the SBA District Office of its concerns regarding the
originally identified Program Participant and identify whether it
believes another Program Participant could fulfill its needs.
iii. If the SBA believes another Program Participant can fulfill the
requirement, but the DOC disagrees, the SBA may appeal that
decision to the head of the procuring agency pursuant to 13 CFR
§ 124.505(a)(2).
iv. If the SBA agrees that another Program Participant cannot
adequately fulfill the requirement at a fair price, the DOC may
withdraw the requirement from the 8(a) BD Program.
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b. Actions below the simplified acquisition threshold: Follow the
procedures at FAR 19.804-3(a)(2) and 13 CFR § 124.503(a)(4). When
the DOC CO decides to use the 8(a) BD Program, the SBA authorizes
award of an 8(a) contract without requiring an offer and acceptance of
the requirement for the 8(a) BD Program. The CO shall contact the SBA
servicing District Office to verify eligibility of the nominated 8(a) Program
Participant. If no response is received within two (2) working days of an
eligibility request, DOC may proceed with award on the third (3
rd
)
working day. In such a case, the CO shall provide the following
information to the SBA:
1.
2. Total Dollar Amount;
3. A copy of the executed contract.
Reference FAR 19.804-3(b)(2): In the event that the SBA does not
believe the NAICS code assigned to the procurement is reasonable, the
DOC and the SBA District Office agree to pursue the informal escalation
process outlined in paragraph III.C.1 of this PA before pursuing the
procedures in FAR 19.804-3(b)(2).
c. Federal Supply Schedules (FSS), including FAR Subpart 8.4 BPAs:
This section applies to all ordering activities governmentwide as defined
at FAR 8.401.
The DOC
Schedule contract in order for the Participant to be deemed an eligible 8(a)
contractor for any orders issued under the Schedule contract. This can be
accomplished either by offering individual Schedule contracts to the SBA or
by offering a pool under the Schedule for which only current 8(a) Program
Participants are eligible. As with any other 8(a) contract, the SBA must
determine eligibility prior to award of the contract. For those firms seeking to
be deemed eligible 8(a) contractors under the FSS that currently have FSS
contracts, the DOC must offer modifications to the existing base Schedule
contract to the SBA or allow the firm to be awarded a new Schedule
contract through a pool of eligible 8(a) Program Participants. SBA would
perform an eligibility determination on the 8(a) firm prior to accepting the
modification or contract.
The CO can issue 8(a) set-aside orders under FSS at their discretion.
Subject to the following, the CO can issue orders from BPAs under FAR
subpart 8.4 at their discretion.
Refer to Section III of this agreement for procedures for program
offering, evaluation and acceptance.
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i. For a single-award FSS BPA under FAR Subpart 8.4, 8(a)
acceptance is not required for orders, provided the single-award
BPA was awarded competitively and was itself accepted into the
8(a) program for a term that does not extend past a date that is the
active 8(a) Participants
are eligible to receive a single-award BPA through the 8(a) BD
Program. If accepted into the 8(a) BD Program at issuance, FSS
BPAs are subject to the release procedures of 13 CFR 124.504.
ii. For 8(a) sole source orders using multiple-award BPAs, the DOC
CO is required to submit an offering letter and obtain acceptance
from the SBA. The 8(a) Participant must be eligible as of the date of
award for the order. For 8(a) competitive orders off a FSS BPA, an
8(a) contractor is eligible only if the award is made not more than 5
iii. The ordering agency must offer and receive SBA acceptance for
8(a) sole-source orders. Only active 8(a) Participants are eligible to
receive sole-source orders. Graduated 8(a) Participants are not
eligible to receive sole-source orders.
iv. Where an 8(a) Participant was awarded a Schedule contract through
a modification to a current Schedule contract, the 8(a) Participant
may continue to receive new competitive orders under the Schedule
contract for up to five (5) years from the date of award or
recognition, even after the contractor's 8(a) Program term expires,
the contractor otherwise exits the 8(a) Program, or the contractor
becomes other than small for the NAICS code(s) assigned under the
8(a) contract. In addition, agencies may continue to take credit
toward their prime contracting goals for orders awarded to 8(a)
Program Participants.
Business concerns are not required to recertify size and/or
socioeconomic status for set-aside orders (see FAR 19.301-2).
However, if an 8(a) contractor re-represents that it is other than
small for the NAICS code(s) assigned under the contract or, where
ownership or control of the 8(a) contractor has changed and the
SBA has granted a waiver to allow the contractor to continue
performance (see 13 CFR § 124.515), the DOC may not credit any
subsequent orders awarded to the contractor towards its small,
disadvantaged business or small business goals. This is also
dependent on whether ownership has changed to another 8(a) firm,
or to another socially and economically disadvantaged individual, or,
for the small business goal, where the firm is still small.
v. A limited source justification as noted at FAR 8.405-6 is not required
for orders or BPAs that are sole source 8(a) awards under FSS.
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B. Competition below the competitive thresholds
1. General: Reference FAR 19.805-1(a)(2): DOC and SBA acknowledge that,
under the Federal Supply Schedule (FSS), STARS vehicles, or any
governmentwide acquisition contract (GWAC), orders set aside for 8(a)
Program Participants may be awarded on the basis of competition limited to
all eligible 8(a) Program Participants at any dollar value. The
CO shall work with the SBA District Office to coordinate the 8(a)
Program Offer and Acceptance. Refer to Section III.A. above.
2. Procedures: Follow the procedures at FAR 19.805-2(b): If DOC requests
an eligibility determination the SBA has five (5) working days after receipt of
DOC has not received a response within
five (5) working days of request DOC may assume eligibility on the sixth
(6
th
) working day.
SBA Appeals: Reference FAR 19.810: DOC and the SBA agree to pursue the
informal escalation process steps outlined below in the event that a disagreement
arises between the DOC CO and the SBA representative (District Office, Business
Opportunity Specialist (BOS), Procurement Center Representative
(PCR), or any SBA representative):
The DOC CO shall seek assistance from their agency Small Business
Technical Advisor (SBTA), or agency Small Business Specialist if an SBTA is
not assigned, to coordinate a meeting with the SBA Representative to attempt
to resolve the issue at the lowest level possible, within ten (10) working days.
The SBA representative may include, but is not limited to, the District Director
or their Deputy.
If step 1 is not successful, the DOC shall seek assistance and coordinate
a meeting with the
SBA District Director and the SBA Area Director to resolve within
five (5) working days.
If there is no resolution from steps 1 or 2, the DOC shall contact their
ntaged Business Utilization
(OSDBU) to coordinate a meeting with the SBA Associate Administrator,
Office of Business Development (AA/BD) to resolve within five (5) working
Technical Assistance Division and the DOC will email the request to the
SBA at omta@sba.gov.
The last step in the informal escalation process before following the
procedures of FAR 19.810 would be a discussion between the DOC OSDBU
, the SBA Associate
Administrator, Office of Business Development (AA/BD) and the Deputy
Associate Administrator, Office of Government Contracting and Business
Development (DAA/GCBD) to resolve the issue.
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5. When the SBA is notified by an 8(a) Program Participant with concerns about
DOC procurement causing adverse impact, the SBA will promptly notify the
DOC OSDBU and in writing. The DOC will respond
in 10 (ten) working days.
D. Administration of Contracts: The DOC CO must advise and consult with the
SBA of any intent to terminate an 8(a) contract for default or convenience before
doing so (refer to 13 CFR § 124.518). The CO will contact the SBA District Office
servicing the incumbent 8(a) firm awarded the original underlying contract.
Release for Non-8(a) or Limited 8(a) Competition: Reference FAR 19.815 and 13
CFR § 124.504(d) for release from the 8(a) BD Program. Where a procurement is
offered and accepted into the 8(a) BD Program and subsequently awarded as an
8(a) contract, its follow-on requirement must remain in the 8(a) BD Program unless
the SBA Associate Administrator for Business Development (AA/BD) agrees to
release it.
General: The DOC CO must notify the
SBA of any follow-on procurement from the 8(a) BD Program when
going to a multiple award contract (MAC) that is not itself an 8(a) contract,
but where the procuring activity intends to compete and award a competitive
8(a) order under the MAC.
Release from the 8(a) BD Program is not required for follow-on
procurements that are offered to and accepted into the program. Task or
delivery orders, including BPAs using FAR 8.405-3, under a basic contract
or established pools accepted into the 8(a) BD program are covered and do
not require release.
Procedures: When a release is requested, DOC and the SBA agree to send
the release request to the SBA District Office where the original offering
letter or other notice was accepted . DOC will provide the
following additional information in the request for release:
Reason(s) for the request;
Procurement history of the requirement;
Market research;
Re-procurement strategy;
Incumbent 8(a) contractor name;
Assigned NAICS Code; and,
Statement of Work; and
procurement history; and
Agency goals and achievements for SDB, SDVOSB,
HUBZone and WOSB.
Reference FAR 19.815(c): The DOC will coordinate its request for release
with the SBA servicing District Office. Upon receipt of the request the SBA
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will work with the requestor to mutually establish a review timeline. The
DOC will use the appeal process described in Section C above to resolve
concerns.
4. New Requirements: In accordance with 13 CFR § 124.3 and the definition
of follow-on requirement or contract, the DOC and the SBA agree that the
expansion or modification of an existing requirement may be considered a
new requirement for:
a. significant scope changes requiring different capabilities of
work,
b. 25% value change for equivalent periods of performance
(adjusted for inflation), and/or
c. requirement end user changes.
Meeting any one of these conditions is not dispositive that a
requirement is new. In particular, the 25% and end user rules cannot be
applied rigidly in all cases (e.g., consolidated requirements and assisted
acquisitions ).
ii. For New requirement determinations: The DOC CO shall notify the
SBA servicing District Office and the PCR, as early as possible in the
acquisition but no later than 30 days prior to the submission of the
acquisition review package to the PCR that it intends to procure work
currently under one or more 8(a) contracts as a requirement it
considers to be new. Such notification must include:
a. The basis for DOC determination that the requirement is
new relative to the work currently
fulfilled under the 8(a) BD Program;
b. The Independent Government Cost Estimate for the
requirement and applicable market research based on
estimated dollar value;
c. The statements of work for the new requirement and the
work currently fulfilled under the 8(a) BD Program; and
d. Procurement history.
IV. TERM / AMENDMENT
A.
in writing, at any time by mutual agreement of the parties.
B. Either the SBA or DOC may terminate this PA upon thirty (30) calendar days
advance written notice to the other party.
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C. Either the SBA or DOC may suspend this PA for failure to follow the terms of
this PA upon thirty (30) calendar days advance written notice to the other
party.
D. This PA does not have an expiration date. However, it will be reviewed at a
minimum every five (5) years from its effective date for accuracy and
effectiveness and modified as needed.
Termination or suspension of this PA will require DOC to utilize the prescribed processes to
contract with the SBA for the 8(a) BD Program as stated in FAR 19.8.
V. ADMINISTRATION
For DOC:
U.S. Department of Commerce
For SBA:
Associate Administrator, Office of Business
Development Government Contracting and Business
Development Office of Program Review (OPR/GCBD)
VI. ACCEPTANCE : Authorized by, and on behalf of their respective agencies, the
undersigned parties hereby accept the terms and conditions of this agreement.
For DOC:
_______________________________________________________________
LaJuene M. Desmukes Date
Director
Office of Small Business Utilization
U.S. Department of Commerce
For SBA:
__________________________________________________________
Donna L. Peebles, D.M Date
Associate Administrator, Office of Business Development (AA/BD)
Office of Government Contracting and Business Development
October 5, 2022
