[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: 13CFR124.502]



[Page 389-390]

 

                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. 124.502  How does an agency offer a procurement to SBA for award 

through the 8(a) BD program?



    (a) A procuring activity contracting officer indicates his or her 

formal intent to award a procurement requirement as an 8(a) contract by 

submitting a written offering letter to SBA. The procuring activity may 

transmit the offering letter to SBA by electronic mail, if available, or 

by facsimile transmission, as well as by mail or commercial delivery 

service.

    (b) Contracting officers must submit offering letters to the 

following locations:

    (1) For competitive 8(a) requirements and those sole source 

requirements for which no specific Participant is nominated (i.e., open 

requirements) other than construction requirements, to the SBA district 

office serving the geographical area in which the procuring activity is 

located;

    (2) For competitive and open construction requirements, to the SBA 

district office serving the geographical area in which the work is to be 

performed or, in the case of such contracts to be performed overseas, to 

the Office of 8(a) BD located in SBA Headquarters;



[[Page 390]]



    (3) For sole source requirements offered on behalf of a specific 

Participant, to the SBA district office servicing that concern.

    (c) An offering letter must contain the following information:

    (1) A description of the work to be performed;

    (2) The estimated period of performance;

    (3) The SIC code that applies to the principal nature of the 

acquisition;

    (4) The anticipated dollar value of the requirement, including 

options, if any;

    (5) Any special restrictions or geographical limitations on the 

requirement;

    (6) The location of the work to be performed for construction 

procurements;

    (7) Any special capabilities or disciplines needed for contract 

performance;

    (8) The type of contract to be awarded, such as firm fixed price, 

cost reimbursement, or time and materials;

    (9) The acquisition history, if any, of the requirement;

    (10) The names and addresses of any small business contractors which 

have performed on this requirement during the previous 24 months;

    (11) A statement that prior to the offering no solicitation for the 

specific acquisition has been issued as a small business set-aside, or 

as a small disadvantaged business set-aside if applicable, and that no 

other public communication (such as a notice in the Commerce Business 

Daily) has been made showing the procuring activity's clear intent to 

use any of these means of procurement;

    (12) Identification of any specific Participant that the procuring 

activity contracting officer nominates for award of a sole source 8(a) 

contract, if appropriate, including a brief justification for the 

nomination, such as one of the following:

    (i) The Participant, through its own efforts, marketed the 

requirement and caused it to be reserved for the 8(a) BD program; or

    (ii) The acquisition is a follow-on or renewal contract and the 

nominated concern is the incumbent;

    (13) Bonding requirements, if applicable;

    (14) Identification of all Participants which have expressed an 

interest in being considered for the acquisition;

    (15) Identification of all SBA field offices which have requested 

that the requirement be awarded through the 8(a) BD program;

    (16) A request, if appropriate, that a requirement whose estimated 

contract value is under the applicable competitive threshold be awarded 

as an 8(a) competitive contract; and

    (17) Any other information that the procuring activity deems 

relevant or which SBA requests.