eCFR API, 48 CFR 19.808-1, Sole source, full text as of January 15, 2022
Summary
This eCFR API record gives the full text of 48 CFR 19.808-1, Sole source (FAR 19.808-1), as of January 15, 2022. It provides that the SBA may not accept for negotiation a sole-source 8(a) contract exceeding $25 million unless the requesting agency has completed a justification under 6.303, and that the SBA initiates negotiations within the time set by the agency, failing which the agency may proceed from other sources. It says the SBA should take part in negotiating terms where practicable and approves the resulting contract before award, and that an 8(a) participant must represent that it is a small business under the size standard for the assigned NAICS code. It also bars certain follow-on sole source awards to participants owned by an Alaska Native Corporation, Indian Tribe, Native Hawaiian Organization or Community Development Corporation.
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Full text
<?xml version="1.0" encoding="UTF-8"?>
<DIV8 N="19.808-1" TYPE="SECTION" hierarchy_metadata="{"path":"/on/_SUBSTITUTE_DATE_/title-48/section-19.808-1","citation":"48 CFR 19.808-1","alternate_reference":"FAR 19.808-1"}">
<HEAD>19.808-1 Sole source.</HEAD>
<P>(a) The SBA may not accept for negotiation a sole-source 8(a) contract that exceeds $25 million unless the requesting agency has completed a justification in accordance with the requirements of 6.303.</P>
<P>(b) The SBA is responsible for initiating negotiations with the agency within the time established by the agency. If the SBA does not initiate negotiations within the agreed time and the agency cannot allow additional time, the agency may, after notifying the SBA, proceed with the acquisition from other sources.</P>
<P>(c) The SBA should participate, whenever practicable, in negotiating the contracting terms. When mutually agreeable, the SBA may authorize the contracting officer to negotiate directly with the 8(a) participant. Whether or not direct negotiations take place, the SBA is responsible for approving the resulting contract before award.</P>
<P>(d) An 8(a) participant must represent that it is a small business in accordance with the size standard corresponding to the NAICS code assigned to the contract.</P>
<P>(e) An 8(a) participant owned by an Alaska Native Corporation, Indian Tribe, Native Hawaiian Organization, or Community Development Corporation may not receive an 8(a) sole source award that is a follow-on contract to an 8(a) contract, if the predecessor contract was performed by another 8(a) participant (or former 8(a) participant) owned by the same Alaska Native Corporation, Indian Tribe, Native Hawaiian Organization, or Community Development Corporation (See 13 CFR 124.109 through 124.111).</P>
<CITA TYPE="N">[54 FR 46005, Oct. 31, 1989, as amended at 55 FR 3883, Feb. 5, 1990; 56 FR 55378, Oct. 25, 1991; 61 FR 67421, Dec. 20, 1996; 76 FR 14562, Mar. 16, 2011; 80 FR 38298, July 2, 2015; 82 FR 4729, Jan. 13, 2017; 85 FR 62489, Oct. 2, 2020]
</CITA>
</DIV8>
File and source
- File
- b139a.xml
- Size
- 2,125 bytes
- SHA-256
- 998f8ef780a49876999ff0989ca8349f00842e6cc29f800343d9838a91f23d48
- Our copy
- b139a.xml
- Original
- www.ecfr.gov