Do these requirement pieces have to remain in the 8a program forcing us to now have 3 separate contracts? 2 in the 8a program and 1 in the Ability One? What can I research to intelligently discuss this complex issue?
In accordance wiht 13 CFR 124.504(d), "a procuring agency would like to fulfill a follow-on or renewable acquisition outside of the 8(a) BD program, it must make a written request to and receive the concurrence of the AA/BD to do so."
Please read this full cite. You must get the SBA to approve you to take any of the requirements away from the program.
Also, check the AbilityOne website https://www.abilityone.org/about_us/faqs.html#18
. There is a question as follows: Can requirements that are currently set aside under the 8(a) Program be added to the AbilityOne Procurement List?
Yes, requirements currently set aside under the 8(a) Program can be added to the Procurement List. However, in recognition and support of other socioeconomic initiatives, the Committee’s voluntary practice is to refrain from adding projects to the Procurement List that are currently in the 8(a) Program when the incumbent contractor has not yet graduated from the 8(a) Program and/or there is more than one option year remaining on the contract.
Finally the DoD, SBA partnership agreement says that we must get approval from SBA to take a requirement out of the 8(a) program. See page 7, paragraph #25 of http://www.sba.gov/sites/default/files/files/Department of Defense.pdf
. or try this link and search for the DoD partnership agreement (http://www.sba.gov/content/sba-agencies-executed-partnership-agreements