8(A) Recompete

[HannahLele]

Quick question: 

We're in the process of recompeting an existing 8(a) award. When the current contract was established, there were 7 offerors. 

Now, do we need to recompete among offers, or we can do a sole source to the same awardee. I wonder because we're not suppose to have 8(a) recipients competiting against each other. Any help would be great. 

Thank you. 

 

[joel hoffman]

On 2/3/2023 at 6:32 PM, HannahLele said:

Quick question: 

We're in the process of recompeting an existing 8(a) award. When the current contract was established, there were 7 offerors. 

Now, do we need to recompete among offers, or we can do a sole source to the same awardee. I wonder because we're not suppose to have 8(a) recipients competiting against each other. Any help would be great. 

Thank you. 

 

Hannah, you asked, “Now, do we need to recompete among offers, or we can do a sole source to the same awardee.”

The answer to your “quick” question depends upon you providing additional information. Please elaborate, thanks.

Why do you say that “we’re not supposed to have 8(a) recipients competing against each other” ?

What is the requirement for and what is the estimated total value of the proposed new contract, including options?

See, for instance, FAR 19.805-1 General (a) and (b): 

“(a) Except as provided in paragraph (b) of this section, an acquisition offered to the SBA under the 8(a) program shall be awarded on the basis of competition limited to eligible 8(a) participants when-

            (1) There is a reasonable expectation that at least two eligible and responsible 8(a) participants will submit offers and that award can be made at a fair market price; and

            (2) The anticipated total value of the contract, including options, will exceed $7 million for acquisitionsassigned manufacturing North American IndustryClassification System (NAICS) codes and $4.5 million for all other acquisitions.

       (b) Where an acquisition exceeds the competitive threshold (see paragraph (a)(2) of this section), the SBA may accept the requirement for a sole source 8(a) award if-

            (1) There is not a reasonable expectation that at least two eligible and responsible 8(a) participants will submit offers at a fair market price; or

            (2) SBA accepts the requirement on behalf of a concern owned by an Indian tribe or an Alaska Native Corporation…”

(EDIT 4FEB 2023) =>

—————————————————-
See also, for instance:

https://www.law.cornell.edu/cfr/text/13/124.506

“13 CFR § 124.506 - At what dollar threshold must an 8(a) procurement be competed among eligible Participants?

§ 124.506

(a) Competitive thresholds.

(1) The Federal Acquisition Regulatory Council (FAR Council) has the responsibility of adjusting each acquisition-related dollar threshold on October 1, of each year that is evenly divisible by five. Acquisition-related dollar thresholds are defined as dollar thresholds that are specified in law as a factor in defining the scope of the applicability of a policy, procedure, requirement, or restriction provided in that law to the procurement of property or services by an executive agency as determined by the FAR Council. 41 U.S.C. 431a(c).

Part 124, Subpart A, 8(a) Business Development, contains acquisition-related dollar thresholds subject to inflationary adjustments. The FAR Council shall publish a notice of the adjusted dollar thresholds in the Federal Register. The adjusted dollar thresholds shall take effect on the date of publication.

(2) A procurement offered and accepted for the 8(a) BD program must be competed among eligible Participants if:

(i) There is a reasonable expectation that at least two eligible Participants will submit offers at a fair market price;

(ii) The anticipated award price of the contract, including options, will exceed $7,000,000 for contracts assigned manufacturing NAICS codes and $4,500,000 for all other contracts; and

(iii) The requirement has not been accepted by SBA for award as a sole source 8(a) procurement on behalf of a tribally-owned or ANC-owned concern.

(3) For all types of contracts, the applicable competitive threshold amounts will be applied to the procuring activity estimate of the total value of the contract, including all options.”

[C Culham]

13 hours ago, HannahLele said:

Quick question: 

So a question back that may add some additional considerations for you.   Is the recurring need defined as  "construction"?

Or on another track was the need competed through  GSA OASIS 8(a) contracts originally?

[joel hoffman]

Hannah, IF you are allowed to go with a single, sole source firm, you can nominate a firm in accordance with FAR 19.804-2 (follow on). So - are you asking how you can nominate a specific firm in lieu of competing the requirement??

[joel hoffman]

Hannah, since you asked a quick question can you please quickly clarify in response to these questions to avoid further speculation on we respondents’ part?  Thanks.

[joel hoffman]

On 2/3/2023 at 6:32 PM, HannahLele said:

 Quick question: 

We're in the process of recompeting an existing 8(a) award. When the current contract was established, there were 7 offerors. 

Now, do we need to recompete among offers, or we can do a sole source to the same awardee. I wonder because we're not suppose to have 8(a) recipients competiting against each other. Any help would be great. 

Thank you. 

 

 

On 2/3/2023 at 8:18 PM, joel hoffman said:

Hannah, you asked, “Now, do we need to recompete among offers, or we can do a sole source to the same awardee.”

The answer to your question depends upon you providing additional information. Please elaborate, thanks.

Why do you say that “we’re not supposed to have 8(a) recipients competing against each other” ?

What is the requirement for and what is the estimated total value of the proposed new contract, including options?

On 2/4/2023 at 7:59 AM, C Culham said:

So a question back that may add some additional considerations for you.   Is the recurring need defined as  "construction"?

Or on another track was the need competed through  GSA OASIS 8(a) contracts originally?

 

On 2/4/2023 at 10:44 AM, joel hoffman said:

Hannah, IF you are allowed to go with a single, sole source firm, you can nominate a firm in accordance with FAR 19.804-2 (follow on). So - are you asking how you can nominate a specific firm in lieu of competing the requirement??

 

On 2/4/2023 at 12:14 PM, joel hoffman said:

Hannah, since you asked a quick question can you please quickly clarify in response to these questions to avoid further speculation on we respondents’ part?  Thanks.

Hannah, I hope that you are either satisfied with the “help” or you “quickly” found an answer elsewhere.

I don’t see that you have visited the site since you posted it last Friday night.

(Reference Rules of Use #17)

[bob7947]

It appears this poster visited the forum once and hasn't returned.

[joel hoffman]

From the Urban Dictionary:

“Quick Question. A question that usually requires a long answer….”

Actually, that is one of the kinder definitions.

 

[Motorcity]

This is an interesting read, which may provide some direction:

Decision

Matter of: Agency Management Concepts, Inc.

File: B-411206; B-411206.2

Date: April 21, 2015

https://www.gao.gov/products/b-411206%2Cb-411206.2

Here, SBA takes the position DOS has done nothing improper. SBA Comments on Request for Dismissal at 2, 4-5. In this regard, SBA states “the fact that a recurring requirement was previously offered to and accepted by SBA as a competitive 8(a) procurement has no bearing on whether it can be offered and accepted on a sole source basis when it is reprocured.” Id. at 4. In support of this position, SBA points to the same provisions of 13 C.F.R. § 124.506(b) as those relied on by AMC. For ease of reference, these provisions are provided again below:

 

 

[joel hoffman]

Yes, this Decision is consistent with and is based upon the above cited FAR and SBA regulations.

Notable here is that the exception to 8(a) competition was sole source award to a tribally-owned or ANC [Alaska Native Corporation]-owned concern.

Those are often relatively big contracts that otherwise would have to be competed rather than sole sourced.

[joel hoffman]

Another other notable point of the Decision that Motorcity referenced is that, as long as the SBA hasn’t already accepted, as an competitive 8(a) procurement, a follow-on procurement  to a contract that was a competitively awarded 8(a) , it can sole source the follow on contract to a tribally-owned or ANC firm.

[Vern Edwards]

On 2/3/2023 at 4:32 PM, HannahLele said:

Quick question...

There’s smoke on the water, it’s been there since June
Tree trunks uprooted, 'neath the high crescent moon
Feel the pulse and vibration and the rumbling force
Somebody is out there beating a dead horse
She never said nothing, there was nothing she wrote
She gone with the man
In the long black coat