13 C.F.R. § 124.508

How is an 8(a) contract executed?

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(a) An 8(a) contract can be awarded in the following ways:

(1) As a tripartite agreement in which the procuring activity, SBA and the Participant all sign the appropriate contract documents. There may be separate prime and subcontract documents (i.e., a prime contract between the procuring activity and SBA and a subcontract between SBA and the selected 8(a) concern) or a combined contract document representing both the prime and subcontract relationships; or

(2) Where SBA has delegated contract execution authority to the procuring activity, directly by the procuring activity through a contract between the procuring activity and the Participant.

(b) Where SBA receives a contract for signature valued at or below the simplified acquisition threshold, it will sign the contract and return it to the procuring activity within three (3) days of receipt.

(c) In order to be eligible to receive a sole source 8(a) contract, a firm must be a current Participant on the date of award. (See § 124.507(d) for competitive 8(a) awards.)

Notes of Decisions

Cited in 1 case, 2005–2005 · leading case: Info. Sys. & Networks Corp. v. United States, 68 Fed. Cl. 336 (Fed. Cl. 2005).

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Info. Sys. & Networks Corp. v. United States, 68 Fed. Cl. 336 (Fed. Cl. 2005). “, a prime contract between the procuring activity and SBA and a subcontract between SBA and the selected 8(a) concern) or a combined contract document representing both the prime and subcontract relationships 13 C.F.R. § 124.508 (a)(1). “A subcontractor, such as plaintiff,…”

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