[Code of Federal Regulations]

[Title 13, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 13CFR124.501]



[Page 389]

 

                TITLE 13--BUSINESS CREDIT AND ASSISTANCE

 

                CHAPTER I--SMALL BUSINESS ADMINISTRATION

 

PART 124_8(a) BUSINESS DEVELOPMENT/SMALL DISADVANTAGED BUSINESS STATUS 

DETERMINATIONS--Table of Contents

 

                   Subpart A_8(a) Business Development

 

Sec. 124.501  What general provisions apply to the award of 8(a) 

contracts?



    (a) Pursuant to section 8(a) of the Small Business Act, SBA is 

authorized to enter into all types of contracts with other Federal 

agencies, including contracts to furnish equipment, supplies, services, 

leased real property, or materials to them or to perform construction 

work for them, and to contract the performance of these contracts to 

qualified Participants. Where practicable, simplified acquisition 

procedures should be used for 8(a) contracts at or below the simplified 

acquisition threshold. Where appropriate, SBA will delegate the contract 

execution function to procuring activities. In order to receive and 

retain a delegation of SBA's contract execution and review functions, a 

procuring activity must report all 8(a) contract awards, modifications, 

and options to SBA.

    (b) 8(a) contracts may either be sole source awards or awards won 

through competition with other Participants.

    (c) Admission into the 8(a) BD program does not guarantee that a 

Participant will receive 8(a) contracts.

    (d) A requirement for possible award may be identified by SBA, a 

particular Participant or the procuring activity itself. SBA will submit 

the capability statements provided to SBA annually under Sec. 124.403 

to appropriate procuring activities for the purpose of matching 

requirements with Participants.

    (e) Participants should market their capabilities to appropriate 

procuring activities to increase their prospects of receiving sole 

source 8(a) contracts.

    (f) An 8(a) participant that identifies a requirement that appears 

suitable for award through the 8(a) BD program may request SBA to 

contact the procuring activity to request that the requirement be 

offered to the 8(a) BD program.

    (g) A concern must be a current Participant in the 8(a) BD program 

at the time of award, except as provided in Sec. 124.507(d).

    (h) A Participant must certify that it is a small business under the 

size standard corresponding to the SIC code assigned to each 8(a) 

contract. 8(a) BD program personnel will verify size prior to award of 

an 8(a) contract. If the Participant is not verified as small, it may 

request a formal size determination from the appropriate General 

Contracting Area Office under part 121 of this title.

    (i) Any person or entity that misrepresents its status as a ``small 

business concern owned and controlled by socially and economically 

disadvantaged individuals'' in order to obtain any 8(a) contracting 

opportunity will be subject to possible criminal, civil and 

administrative penalties, including those imposed by section 16(d) of 

the Small Business Act, 15 U.S.C. 645(d).