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  • Question

    Is an 8(a) sole source procurement (FAR Subpart 19.8) appropriate to procure a "Design-Build" construction contract IAW FAR Subpart 36.3?


    Answer

    FAR 19.8 can be "another acquisition approach authorized by law".  13 CFR 124.501, http://www.ecfr.gov/cgi-bin/text-idx?SID=02c9510634c01536f2168b0609c8d112&node=13:1.0.1.1.19.1.292.34&rgn=div8, states "a) Pursuant to section 8(a) of the Small Business Act, SBA is authorized to enter into all types of contracts with other Federal agencies, including contracts to furnish equipment, supplies, services, leased real property, or materials to them or to perform construction work for them, and to contract the performance of these contracts to qualified Participants. This includes set-asides, partial set-asides and reserves of Multiple Award Contracts and set-asides of orders issued against Multiple Award Contracts."

    If you have a qualified source you may do this as a sole source 8(a) set-aside if it is within the dollar threshold of $4M. As you know, FAR 36.104 states,  "Unless the traditional acquisition approach of design-bid-build established under the Brooks Architect-Engineers Act (40 U.S.C. 1101 et seq.) or another acquisition procedure authorized by law is used, the contracting officer shall use the two-phase selection procedures..."  You would not use the sole source 8(a) procedures with the design build (FAR 36.3 procedures) because you only have one source that would be designing and building your requirement and design-build is used when you anticipate receiving 3 or more offerors.

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