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  • Question

    Is the above scenario permitted? Can an 8(a) contract be awarded for a PoP that goes beyond the 8(a) contractor's exit date?


    Answer

    Yes, in accordance with CFR 124.514(b) priced options, you may award an 8(a) contract that would extend beyond the 8(a) contractor's exit date of the 8(a) program. See http://www.ecfr.gov/cgi-bin/text-idx?SID=1edbb5644565006f8b78ece4561104c6&node=se13.1.124_1514&rgn=div8

    Also FAR 19.8 and the SBA/DoD Partnership agreement speak to the firm being certified by the SBA prior to award.  FAR 19.805-2, Procedures.  "(a) Offers shall be solicited from those sources identified in accordance with 19.804-3. (b) The SBA will determine the eligibility of the firms for award of the contract. Eligibility will be determined by the SBA as of the time of submission of initial offers which include price. Eligibility is based on Section 8(a) Program criteria."

    SBA/DoD Partnership Agreement, https://www.sba.gov/sites/default/files/files/Department of Defense.pdf, see paragraph 4a, page 3,  for sole source awards and also paragraph V, page 8.

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