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  • Question

    Under what circumstances is it possible for a federal contractor to continue to self-certify as 8 (a) and Small Disadvantaged Business and continue to receive awards under 8 (a) and SDB in the amount of $242 million dollars after the Small Business Administration has exited the company from those programs?


    Answer

    Companies do not self-certify as 8(a).  That is a designation given by the SBA.  If a company has exited the 8(a) program, they cannot receive new awards in the 8(a) program.

    See FAR 19.816 Exiting the 8(a) program.

          (a) Except as provided in paragraph (c) of this section, when a contractor exits the 8(a) program, it is no longer eligible to receive new 8(a) contracts. However, the contractor remains under contractual obligation to complete existing contracts, and any priced options that may be exercised.

          (b) If an 8(a) contractor is suspended from the program (see 13 CFR 124.305), it may not receive any new 8(a) contracts unless the head of the contracting agency makes a determination that it is in the best interest of the Government to issue the award and SBA adopts that determination.

          (c) A contractor that has completed its term of participation in the 8(a) program may be awarded a competitive 8(a) contract if it was an 8(a) participant eligible for award of the contract on the initial date specified for receipt of offers contained in the solicitation, and if the contractor continues to meet all other applicable eligibility criteria.

          (d) SBA's regulations on exiting the 8(a) program are found at 13 CFR 124.301 through 124.305, and 13 CFR 124.507(d).

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