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    If a multiple-award GWAC is competed among 8(a) firms, does FAR 19.804-6 allow task orders on a sole-source basis above the competitive threshold?


    Answer

    After reading the current regulation and discussions with DOD policy makers and the Small Business Administration, the contracting officer must do a competitive source selection between all the 8(a) vendors on your GWAC each time a task order is solicited from the 8(a) group. As I mentioned in our phone conversation, I think the regulation is confusing. FAR 19.804-6 suggests that the contracting officer can award a sole source 8(a) for a services task order over $4M, as long as the GWAC was originally competed. FAR 6.204 is stating that the contracting officers may limit competition to eligible 8(a) contractors. SBA regulations say that the order must be competed exclusively among 8(a) concerns. Because of this inconsistency in regulation and policy, I have submitted a package to the FAR working group that is currently working on new FAR language at 19.8.

    19.805-1 of this part do not apply to individual orders that exceed the competitive threshold as long as the original contract was competed.

    6.204 -- Section 8(a) Competition.

    Subpart 19.8).6.302-5 and 6.303-1 for sole source 8(a) awards over $20 million.)

    19.502-4 -- Multiple-Award Contracts and Small Business Set-Asides.

    19.000(a)(3). The specific program eligibility requirements identified in this part apply;19.000(a)(3). The specific program eligibility requirements identified in this part apply; or19.000(a)(3). For orders placed under the Federal Supply Schedules Program see 8.405-5. For all other multiple-award contracts see 16.505

    (b) Set aside part or parts of a multiple-award contract for any of the small business concerns identified in

    (c) Set aside orders placed under multiple-award contracts for any of the small business concerns identified in

    Small Business Administration 124.503(h)

    (h) Task or Delivery Order Contracts —(1) Contracts set aside for exclusive competition among 8(a) Participants. (i) A task or delivery order contract that is reserved exclusively for 8(a) Program Participants must follow the normal 8(a) competitive procedures, including an offering to and acceptance into the 8(a) program, SBA eligibility verification of the apparent successful offerors prior to contract award, and application of the performance of work requirements set forth in §124.510, and the nonmanufacturer rule, if applicable, ( see §121.406(b).

    (ii) Individual orders need not be offered to or accepted into the 8(a) BD program.

    (iii) A concern awarded such a contract may generally continue to receive new orders even if it has grown to be other than small or has exited the 8(a) BD program, and agencies may continue to take credit toward their prime contracting goals for orders awarded to 8(a) Participants. However, a concern may not receive, and agencies may not take 8(a), SDB or small business credit, for an order where the concern has been asked by the procuring agency to re-certify its size status and is unable to do so ( see §121.404(g)), or where ownership or control of the concern has changed and SBA has granted a waiver to allow performance to continue ( see §124.515).

    (2) 8(a) credit for orders issued under multiple award contracts that were not set aside for exclusive competition among eligible 8(a) Participants. In order to receive 8(a) credit for orders placed under multiple award contracts that were not initially set aside for exclusive competition among 8(a) Participants:

    (i) The order must be offered to and accepted into the 8(a) BD program;

    (ii) The order must be competed exclusively among 8(a) concerns;

    (iii) The order must require the concern comply with applicable limitations on subcontracting provisions ( see §125.6) and the nonmanufacturer rule, if applicable, ( see §121.406(b)) in the performance of the individual order; and

    (iv) SBA must verify that a concern is an eligible 8(a) concern prior to award of the order in accordance with §124.507.

    (a) When conducting multiple-award procurements using full and open competition, reserve one or more contract awards for any of the small business concerns identified in

    In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)) contracting officers may, at their discretion--

    (a) To fulfill statutory requirements relating to section 8(a) of the Small Business Act, as amended by Pub. L. 100-656, contracting officers may limit competition to eligible 8(a) contractors (see

    (b) No separate justification or determination and findings is required under this part to limit competition to eligible 8(a) contractors. (But see

    Below is a set of the applicable policy and regulation. The most significant wording is highlighted in red.


    19.805-1  General.

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