anoncon Posted March 29, 2010 Report Share Posted March 29, 2010 8a is awarded an IDIQ for a base and 4 option years. In year 2 the firm graduates from the 8a program. Can optional years 2,3 and 4 be awarded if the firm is no longer in the program? Link to comment Share on other sites More sharing options...
napolik Posted March 29, 2010 Report Share Posted March 29, 2010 8a is awarded an IDIQ for a base and 4 option years. In year 2 the firm graduates from the 8a program. Can optional years 2,3 and 4 be awarded if the firm is no longer in the program? Based upon the following extract from the CFR, I believe you can exercise the option. Check your agency regs to see if there is a discussion of what constitutes "best interests of the Government". Also, check your agency regs to see how you report the transaction in FPDS. You may not be able to code the action as one with an 8(a) firm. This is from 13CFR124.514, effective 1 January 2009. Paragraph b appears to apply to you. Quote TITLE 13--BUSINESS CREDIT AND ASSISTANCE CHAPTER I--SMALL BUSINESS ADMINISTRATION PART 124_8(a) BUSINESS DEVELOPMENT/SMALL DISADVANTAGED BUSINESS STATUS DETERMINATIONS--Table of Contents Subpart A_8(a) Business Development Sec. 124.514 Exercise of 8(a) options and modifications. (a) Unpriced options. The exercise of an unpriced option is considered to be a new contracting action. (1) If a concern has graduated or been terminated from the 8(a) BD program or is no longer small under the size standard corresponding to the SIC code for the requirement, negotiations to price the option cannot be entered into and the option cannot be exercised. (2) If the concern is still a Participant and otherwise eligible for the requirement on a sole source basis, the procuring activity contracting officer may negotiate price and exercise the option provided the option, considered a new contracting action, meets all regulatory requirements, including the procuring activity's offering and SBA's acceptance of the requirement for the 8(a) BD program. (3) If the estimated fair market price of the option exceeds the applicable threshold amount set forth in Sec. 124.506, the requirement must be competed as a new contract among eligible Participants. ( Priced options. The procuring activity contracting officer may exercise a priced option to an 8(a) contract whether the concern that received the award has graduated or been terminated from the 8(a) BD program or is no longer eligible if to do so is in the best interests of the Government. © Modifications beyond the scope. A modification beyond the scope of the initial 8(a) contract award is considered to be a new contracting action. It will be treated the same as an unpriced option as described in paragraph (a) of this section. (d) Modifications within the scope. The procuring activity contracting officer may exercise a modification within the scope of the initial 8(a) contract whether the concern that received the award has graduated or been terminated from the 8(a) BD program or is no longer eligible if to do so is in the best interests of the Government. Unquote Link to comment Share on other sites More sharing options...
anoncon Posted March 30, 2010 Author Report Share Posted March 30, 2010 Thanks! just what I was looking for! Link to comment Share on other sites More sharing options...
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