C.F.R. » Title 48 » CHAPTER 2—DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE › SUBCHAPTER D—SOCIOECONOMIC PROGRAMS › PART 219—SMALL BUSINESS PROGRAMS › Subpart 219.8—Contracting With the Small Business Administration (The 8(a) Program)

48 C.F.R. § 219.800

219.800 General.

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(a) By Partnership Agreement (PA) between the Small Business Administration (SBA) and the Department of Defense (DoD), the SBA has delegated to the Under Secretary of Defense (Acquisition and Sustainment) its authority under paragraph 8(a)(1)(A) of the Small Business Act (15 U.S.C. 637(a)) to enter into 8(a) prime contracts, and its authority under 8(a)(1)(B) of the Small Business Act to award the performance of those contracts to eligible 8(a) Program participants. However, the SBA remains the prime contractor on all 8(a) contracts, continues to determine eligibility of concerns for contract award, and retains appeal rights under FAR 19.810. The SBA delegates only the authority to sign contracts on its behalf. Consistent with the provisions of the PA, this authority is hereby redelegated to DoD contracting officers. A copy of the PA, which includes the PA's expiration date, is available at PGI 219.800.

(b) Contracts awarded under the PA may be awarded directly to the 8(a) participant on either a sole source or competitive basis. An SBA signature on the contract is not required.

(c) Notwithstanding the PA, the contracting officer may elect to award a contract pursuant to the provisions of FAR Subpart 19.8.

[67 FR 11436, Mar. 14, 2002, as amended at 72 FR 20762, Apr. 26, 2007; 88 FR 73236, Oct. 25, 2023]
Notes of Decisions
Cited in 2 cases, 2000–2001 · leading case: Hawpe Constr., Inc. v. United States, 46 Fed. Cl. 571 (Fed. Cl. 2000).
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Hawpe Constr., Inc. v. United States, 46 Fed. Cl. 571 (Fed. Cl. 2000). · cites it 2× “48 C.F.R. § 219.800 (1999); Administrative Record (A.”
Hawpe Constr., Inc. v. United States, 10 F. App'x 957 (Fed. Cir. 2001). “48 C.F.R. § 219.800 (1999). Because BPI met the requirements for this procurement, the SBA would have found BPI eligible for the award, with or without SIC certification.”
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