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    Was a SBA Acceptance Approval letter from regional SBA required in order to compete this requirement on GSA under the GSA MAS or does FAR 19.804-6(a) apply? Could the Vendor still have kept the contract awarded based off of FAR 19.804-6(d)?


    Answer

    Question 1: Was an SBA Acceptance Approval letter from regional SBA required in order to compete this requirement on GSA under the GSA MAS or does FAR 19.804-6(a) apply?

      Response: FAR 19.804-6(a) does apply. Based on the background information you provided this was “an 8a set aside competitive requirement”. FAR Part 19.8 does not exclude its application, nor does DFARS, and there are no Class Deviations excluding its application.  In accordance with FAR 19.804-6(a), an SBA Acceptance Approval letter from regional SBA is not required to compete this requirement on the GSA MAS (See excerpt from FAR 19.804-6(a) below). 

    (a) “Separate offers and acceptances are not required for individual orders under multiple-award contracts (including the Federal Supply Schedules managed by GSA, multi-agency contracts or Governmentwide acquisition contracts, or indefinite-delivery, indefinite-quantity (IDIQ) contracts) that have been set aside for exclusive competition among 8(a) contractors, and the individual order is to be competed among all 8(a) contract holders.”

    Furthermore, FAR 19.804-6(a) goes on to say,

    “SBA's acceptance of the original contract is valid for the term of the contract.”

    Question 2: Could the Vendor still have kept the contract awarded based off of FAR 19.804-6(d)?

      Response: Yes, the vendor could continue to accept new orders under an 8(a) competitive contract that have been set aside for competition among 8(a) contractors in accordance with FAR 19.804-6(d) (See excerpt, below).

    “ (d) An 8(a) contractor may continue to accept new orders under the contract, even if it exits the 8(a) program, or becomes other than small for the NAICS code(s) assigned to the contract.”

    Your background indicates the vendor exited the 8(a) program a month before the RFQ closed.  If the award was made during the term of the original contract the vendor could accept the offer.

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