If an 8(a) graduated program during phase I are they eligible to submit since pricing information is not submitted? Reference 13 CFR124.507 (5)(d).
This is a good question. End result, the question is are they ineligible to receive award? The SBA are the ones that make that determination. You may want to call your SBA office to get their interpretation for your requirement.
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13 CFR 124.507 (d) states, "Award to firms whose program terms have expired. A concern that has completed its term of participation in the 8(a) BD program may be awarded a competitive 8(a) contract if it was a Participant eligible for award of the contract on the initial date specified for receipt of offers contained in the contract solicitation, and if it continues to meet all other applicable eligibility criteria."
However, as you pointed out both FAR 19.805-2(b) and 13 CFR 124.507(b)(5) states that the SBA will determine the eligibility of the participants forward of the contract. Eligibility will be determined by the SBA s of the time of submission of initial offers which include price." 13 CFR 124.507(b)(5) also refers to 13 CFR 124.507(d). This can be interpreted that the date SBA determines eligibility is the date that requires the offeror's initial pricing. In your case, the SBA may determine that the firm is ineligible since it is not in the 8(a) program as of the date if the initial offer which includes price. Again, this is an SBA determination and the best advice is to call your local SBA office on this matter.