Georgia Tech Procurement Assistance Center

  • Home
  • About Us
  • Training
    • Class Registration
    • On-demand Training
    • GTPAC COVID-19 Resource Page
    • Cybersecurity
    • Veterans Verification Video
    • GTPAC Community
    • Other Training Audio & Video
  • Useful Links
  • Team Directory
    • Albany Counselor
    • Atlanta Counselors
    • Augusta Counselor
    • Carrollton Counselor
    • Columbus Counselor
    • Gainesville Counselor
    • Savannah Counselor
    • Warner Robins Counselor
  • Directions
    • Atlanta – Training Facility
    • Atlanta – Office
    • Albany
    • Augusta
    • Carrollton
    • Columbus
    • Gainesville
    • Savannah
    • Warner Robins
  • COVID-19
  • New Client Application
  • Contact Us

FAR Council clarifies 8(a) sole source justification requirements for high value contracts

December 8, 2016 By Andrew Smith

The Federal Acquisition Regulatory Council (FAR Council) has issued a proposed rule to clarify contracting officer and agency responsibilities when justifying sole source awards exceeding $22 million dollars made through the Small Business Administration’s 8(a) program.  The revisions directly address recommendations from a December 2012 Government Accountability Office (GAO) report titled, “Slow Start to Implementation of Justifications for 8(a) Sole-Source Contracts,” which, among other things, highlighted agency “confusion” about the existing justification requirements in the FAR.

The 8(a) sole source justification requirement for high value contracts is a statutory mandate, established by Section 811 of the FY 2010 National Defense Authorization Act, presumably to ensure that these high value awards are in the government’s best interest.  While the FAR Council published implementing regulations in April 2012, as noted in the 2012 GAO report, a number of agencies had difficulty complying with the new requirements, which differ from those governing other sole source justifications.

In subsequent GAO reports (published in September 2014 and in June 2016) reviewing the number of DoD issued 8(a) awards exceeding $20 million dollars, GAO identified a significant decline in high value sole source awards to 8(a) firms since implementation of the justification requirement in the Federal Acquisition Regulation (FAR).  Some agency officials at least partly attributed these declines to the new regulations.  GAO also noted a corresponding increase in the number of competitively awarded high value 8(a) contracts.

To see key aspects of the proposed rule and read more, so to: https://www.insidegovernmentcontracts.com/2016/11/far-council-clarifies-8a-sole-source-justification-requirements-high-value-contracts/

Filed Under: Contracting News Tagged With: 8(a), DoD, FAR, FAR Council, justification, NDAA, sole-source

Recent Posts

  • Podcast: Buy American executive order and recent changes
  • Podcast: Contractors say they’re seeing a resurgence of LPTA procurements
  • Reminder: If pricing is too high, VA “rule of two” might not apply
  • CPARS challenges: No appeals without contracting officer claim
  • GAO: In “best value” procurement agency has wide discretion to pay price premium

Popular Topics

8(a) abuse Army bid protest budget budget cuts certification construction contract awards contracting opportunities cybersecurity DoD DOJ False Claims Act FAR federal contracting federal contracts fraud GAO Georgia Tech government contracting government contract training government trends GSA GSA Schedule GTPAC HUBZone innovation IT Justice Dept. marketing NDAA OMB SBA SDVOSB set-aside small business small business goals spending subcontracting technology VA veteran owned business VOSB wosb

Contracting News

Podcast: Contractors say they’re seeing a resurgence of LPTA procurements

CPARS challenges: No appeals without contracting officer claim

GAO: In “best value” procurement agency has wide discretion to pay price premium

Contractor settles fraud claims related to 8(a) joint venture

Senator: Pandemic makes anti-fraud law more important than ever

Read More

Contracting Tips

Podcast: Buy American executive order and recent changes

Reminder: If pricing is too high, VA “rule of two” might not apply

Startups should try to win city and school district contracts. Here’s why.

Surviving proposal weaknesses after discussions: what not to do

E-Verify records purge scheduled for May 14, 2021

Read More

GTPAC News

DLA hosting event March 10th with special emphasis on Women-Owned Small Businesses

Navy Office of Small Business Programs holding three events in March

SBA hosting conversations with contracting officers forum Feb. 25th

USACE seeks vaccination center construction support

GTPAC updates cybersecurity resource page to include CMMC guidance

Read More

Georgia Tech News

Future of 5G is under the microscope at Georgia incubator

Collective worm and robot “blobs” protect individuals, swarm together

The Partnership for Inclusive Innovation is now accepting applications for pilot programs

Georgia Tech will help manage DOE’s Savannah River National Laboratory

Dr. Abdallah testifies on U.S. competitiveness, research, STEM pipeline at Congressional hearing

Read More

  • SAM.gov registration is free, and help with SAM is free, too
APTAC RSS Twitter GTPAC - 30th Year of Service

Copyright © 2021 · Georgia Tech - Enterprise Innovation Institute