[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: 13CFR124.507]



[Page 396-397]

 

                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. 124.507  What procedures apply to competitive 8(a) procurements?



    (a) FAR procedures. Procuring activities will conduct competitions 

among and evaluate offers received from Participants in accordance with 

the Federal Acquisition Regulation (48 CFR, chapter 1).

    (b) Eligibility determination by SBA. In either a negotiated or 

sealed bid competitive 8(a) acquisition, the procuring activity will 

request that the SBA district office servicing the apparent successful 

offeror determine that firm's eligibility for award.

    (1) Within 5 working days after receipt of a procuring activity's 

request for an eligibility determination, SBA will determine whether the 

firm identified by the procuring activity is eligible for award.

    (2) Eligibility is based on 8(a) BD program criteria, including 

whether the Participant is:

    (i) A small business under the SIC code assigned to the requirement;

    (ii) In compliance with any applicable competitive business mix 

target established or remedial measure imposed by Sec. 124.509 that 

does not include the denial of future 8(a) contracts;

    (iii) In the developmental stage of program participation if the 

solicitation restricts offerors to the developmental stage of 

participation; and

    (iv) A concern with a bona fide place of business in the applicable 

geographic area if the procurement is for construction.

    (3) If SBA determines that the apparent successful offeror is 

ineligible, SBA will notify the procuring activity. The procuring 

activity will then send to SBA the identity of the next highest 

evaluated firm for an eligibility determination. The process is repeated 

until SBA determines that an identified offeror is eligible for award.

    (4) Except to the extent set forth in paragraph (d) of this section, 

SBA determines whether a Participant is eligible for a specific 8(a) 

competitive requirement as of the date that the Participant submitted 

its initial offer which includes price.

    (5) If the procuring activity contracting officer believes that the 

apparent successful offeror is not responsible to perform the contract, 

he or she must refer the concern to SBA for a possible Certificate of 

Competency in accord with Sec. 125.5 of this title.

    (c) Restricted competition--(1) Competition within stages of program 

participation. SBA may accept a competitive 8(a) requirement that is 

limited to Participants in the developmental stage of program 

participation, or may accept a requirement to be competed among firms 

both in the developmental and transitional stages of program 

participation.

    (2) Construction competitions. Based on its knowledge of the 8(a) BD 

portfolio, SBA will determine whether a competitive 8(a) construction 

requirement should be competed among only those Participants having a 

bona fide place of business within the geographical boundaries of one or 

more SBA district offices, within a state, or within the state and 

nearby areas. Only those Participants with bona fide places of business 

within the appropriate geographical boundaries are eligible to submit 

offers.

    (3) Competition for all non-construction requirements. Except for 

construction



[[Page 397]]



requirements, all eligible Participants regardless of location may 

submit offers in response to competitive 8(a) solicitations. The only 

geographic restrictions pertaining to 8(a) competitive requirements, 

other than those for construction requirements, are any imposed by the 

solicitations themselves.

    (d) Award to firms whose program terms have expired. A concern that 

has completed its term of participation in the 8(a) BD program may be 

awarded a competitive 8(a) contract if it was a Participant eligible for 

award of the contract on the initial date specified for receipt of 

offers contained in the contract solicitation, and if it continues to 

meet all other applicable eligibility criteria.

    (1) Amendments to the solicitation extending the date for 

submissions of offers will be disregarded.

    (2) For a negotiated procurement, a Participant may submit revised 

offers, including a best and final offer, and be awarded a competitive 

8(a) contract if it was eligible as of the initial date specified for 

the receipt of offers in the solicitation, even though its program term 

may expire after that date.