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    5.205 Special situations. (f) Section 8(a) competitive acquisition. When a national buy requirement is being considered for competitive acquisition limited to eligible 8(a) concerns under Subpart 19.8, the contracting officer must transmit a synopsis of the proposed contract action to the GPE. The synopsis may be transmitted to the GPE concurrent with submission of the agency offering (see 19.804-2) to the Small Business Administration (SBA). The synopsis should also include the following information: (1) Advising that the acquisition is being offered for competition limited to eligible 8(a) concerns; (2) Specifying the North American Industry Classification System (NAICS) code; (3) Advising that eligibility to participate may be restricted to firms in either the developmental stage or the developmental and transitional stages; and (4) Encouraging interested 8(a) firms to request a copy of the solicitation as expeditiously as possible since the solicitation will be issued without further notice upon SBA acceptance of the requirement for the section 8(a) program.


    The term “national buy requirement” is no longer specifically defined in the FAR.  FAR Section 19.801 was removed and reserved by Federal Acquisition Circular 90-43, Item VII (FAR Case 95-028), effective 20 December 1996.

    Prior to that time, FAR Section 19.801 defined and distinguished “national buy requirement” from “local buy requirement” as follows:

    Local buy requirement, as used in this subpart, means a supply or service purchased to meet the specific needs of one user in one location.

    National buy requirement, as used in this subpart, means a supply or service purchased to meet the needs of one or more users in two or more locations where supply control, inventory management, or acquisition responsibility have been assigned to a central contracting activity.

    These terms were not defined elsewhere in the FAR at that time, nor since.  It would appear the term’s current use at FAR 5.205(f) is a relic of previous guidance.  However, it would be reasonable to continue to apply the above definition as needed.

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