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  • Question

    Can my agency award an 8(a) sole source contract to this firm?


    Answer

    From eCFR 124.501,: (g) A concern must be a current Participant in the 8(a) BD program at the time of award, except as provided in §124.507(d).

    (h) A Participant must certify that it qualifies as a small business under the size standard corresponding to the NAICS 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.
    From paragraph (h) of Section 124.501 of the Code of Federal Regulations, the answer to your question would be no, but I would check with the cognizant SBA office to confirm if your firm is eligible for award under the NAICS code you are using.


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