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  • Question

    Can a contracting officer include direction in an RFP requiring the awardee to subcontract those portions of the requirement previously performed by 8a firm(s) to 8a firm(s)?


    Answer

    Review FAR 15.304(c)(5), DFARS 215.304(1)(B), DFARS PGI 215.304, and FAR 52.219-9.  Normally we cannot direct the prime to use a specific firm let alone an 8(a) firm.  The 8(a) program is only used award contracts to the 8(a) firm through the SBA as the prime contractor.  We can incorporate into a contract that the Contracting Officer can determine if the prime's selection of a subcontractor is within reasonable parameters and give approval if the prime is replacing the sub within reasonable parameters.  There are no goals in the subcontracting plan for 8(a) contractors, however, there are goals for small disadvantaged business concerns.  If you were to include 8(a) as a category, you would do that in the Small Business Participation Plan or Socioeconomic Utilization Plan (See DFARS 215.304) and be shore to incorporate that plan into the contract. 


    This link has similar Q&A on primes and subcontractor that may also be of some help.
    https://dap.dau.mil/aap/pages/search.aspx?q=direct a prime


    This link is to a specific question similar to yours.
    https://dap.dau.mil/aap/pages/qdetails.aspx?cgiSubjectAreaID=3&cgiQuestionID=106435

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