C.F.R. » Title 48 » CHAPTER 1—FEDERAL ACQUISITION REGULATION › SUBCHAPTER D—SOCIOECONOMIC PROGRAMS › PART 19—SMALL BUSINESS PROGRAMS › Subpart 19.8—Contracting With the Small Business Administration (the 8(a) Program)

48 C.F.R. § 19.804-1

19.804-1 Agency evaluation.

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In determining the extent to which a requirement should be offered in support of the 8(a) program, the agency should evaluate—

(a) Current and future plans to acquire the specific items or work that 8(a) participants are seeking to provide, identified in terms of—

(1) Estimated quantities of the supplies or services required or the estimated number of construction projects planned;

(2) Length of contract, including option periods (see 19.812(d)); and

(3) Performance or delivery requirements, including—

(i) Required monthly production rates, when applicable; and

(ii) For construction, the geographical location where work is to be performed;

(b) The impact of any delay in delivery;

(c) Whether the items or work have previously been acquired using small business set-asides, and the date the items or work were acquired;

(d) Problems encountered in previous acquisitions of the items or work from the 8(a) participants or other contractors; and

(e) Any other pertinent information about known 8(a) participants, the items, or the work. This includes any information concerning the participants' products or capabilities. When necessary, the contracting agency shall make an independent review of the factors in 19.803(a) and other aspects of the participants' capabilities which would ensure the satisfactory performance of the requirement being considered for commitment to the 8(a) program.

[82 FR 4727, Jan. 13, 2017, as amended at 88 FR 9738, Feb. 14, 2023]
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1993–2021 · leading case: Advanced Am. Constr., Inc. v. United States, 111 Fed. Cl. 205 (Fed. Cl. 2013).
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Advanced Am. Constr., Inc. v. United States, 111 Fed. Cl. 205 (Fed. Cl. 2013). “Following a preliminary evaluation of its decision to offer an acquisition to the SBA for inclusion in the 8(a) program, see 48 C.F.R. § 19.804-1 (2012), the agency then formally offers the acquisition to the SBA, and it is required to include certain information about the…”
Valley Constr. Co. v. John Marsh, Sec'y of the Army of the United States, 984 F.2d 133 (5th Cir. 1993). · cites it 3× “Ap-pellee offered the contract to the SBA and, after considering the factors enumerated in the Federal Acquisition Regulations, 48 C.F.R. § 19.804-1 , 4 Appellee designated the contract for exclusive bidding by 8(a) contractors.”
Enplanar, Inc. v. Marsh, 11 F.3d 1284 (5th Cir. 1994). “See 48 C.F.R. 19.804-1(2)(3); Valley Constr. Co.”
Accelgov, LLC v. United States (Fed. Cl. 2021). · cites it 2× “48 C.F.R. § 19.804-1 details the criteria on which the Marine Corps was required to evaluate the suitability of a participant: In determining the extent to which a requirement should be offered in support of the 8(a) program, the agency should evaluate— (a) Current and future…”
Valley Const. Co. v. Marsh (5th Cir. 1993). · cites it 3× “Appellee offered the contract to the SBA and, after considering the factors enumerated in the Federal Acquisition Regulations, 48 C.F.R. § 19.804-1 ,5 Appellee 2 15 U.S.”
Enplanar, Inc. v. Marsh, 11 F.3d 1284 (5th Cir. 1994). “See 48 C.F.R. 19.804-1(2)(3); Valley Constr. Co.”
— 48 C.F.R. § 19.804-1(2)(3) — 2 cases
Enplanar, Inc. v. Marsh, 11 F.3d 1284 (5th Cir. 1994). “See 48 C.F.R. 19.804-1(2)(3); Valley Constr. Co.”
Enplanar, Inc. v. Marsh, 11 F.3d 1284 (5th Cir. 1994). “See 48 C.F.R. 19.804-1(2)(3); Valley Constr. Co.”
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