Are we allowed to award another 8(a) direct award to the same contractor? Are there any limitations? Is there any additional documentation needed or does it change the award process at all?
The procurement preferences associated with the 8(a) program are contained in Subpart 19.8 Contracting with the Small Business Administration (The 8(a) program) of the Federal Acquisition Regulations (FAR). Specific to your question to award another 8(a) direct award to the same contractor, FAR 19.804-4 -- Repetitive Acquisitions, states as follows:
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“In order for repetitive acquisitions to be awarded through the 8(a) Program, there must be separate offers and acceptances. This allows the SBA to determine—
(a) Whether the requirement should be a competitive 8(a) award;
(b) A nominated firm’s eligibility, whether or not it is the same firm that performed the previous contract;
(c) The effect that contract award would have on the equitable distribution of 8(a) contracts; and
(d) Whether the requirement should continue under the 8(a) Program.”
In addition, please refer to DFARS 219.808-1 and DFARS PGI 219.808-1 for additional regulation pertaining to sole source 8(a) awards.
Awards made to a single firm over a period of several years are not precluded by the FAR. However, in these instances the SBA should be determining that such repetitive awards are not circumventing equitable distribution of such awards. Further awards of this sort exceeding a nine-year time period are also inappropriate as a firm may only be in an 8(a) status for a total of nine years. Finally, awards of this sort may not represent a disproportionate amount of the 8(a) firm's revenue, which also would be inappropriate. Absent any of these circumstances, repetitive awards to an 8(a) firm representing separate requirements are not proscribed.
As we do not have all the facts particular to your requirements, we highly recommend you consult with your Contracting Officer and Legal Office for guidance. You should also contact your SBA procurement center representative at https://www.sba.gov/contracting/contracting-officials/procurement-center-representatives if you would like further information about the 8(a) program.