RFO
RFO Version Available
The Revolutionary FAR Overhaul has published a revised version of this clause. The RFO version supersedes the eCFR text below for contracts using the RFO model; see the RFO deviation for applicability.
View RFO version
DEV
This clause is modified by 1 active class deviation
- 2026-O0037 — DFARS RFO Implementation (Part 19)
52.219-12 Special 8(a) Subcontract Conditions. As prescribed in 19.811-3(b), insert the following clause: Special 8( a ) Subcontract Conditions (OCT 2019) (a) The Small Business Administration (SBA) has entered into Contract No. ____ [ insert number of contract ] with the ____ [ insert name of contracting agency ] to furnish the supplies or services as described therein. A copy of the contract is attached hereto and made a part hereof. (b) The ____ [ insert name of subcontractor ], hereafter referred to as the subcontractor, agrees and acknowledges as follows: (1) That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract No. ___ [ insert number of contract ] for the consideration stated therein and that it has read and is familiar with each and every part of the contract. (2) That the SBA has delegated responsibility, except for novation agreements, for the administration of this subcontract to the ___ [ insert name of contracting agency ] with complete authority to take any action on behalf of the Government und_d conditions of this subcontract. (3) That it will notify the [ insert name of contracting agency ] Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party. (c) Payments, including any progress payments under this subcontract, will be made directly to the subcontractor by the ____ [ insert name of contracting agency ]. (End of clause) [48 FR 42478, Sept. 19, 1983, as amended at 54 FR 34757, Aug. 21, 1989; 54 FR 46009, Oct. 31, 1989; 55 FR 3889, Feb. 5, 1990; 55 FR 38518, Sept. 18, 1990; 61 FR 67422, Dec. 20, 1996; 82 FR 4731, Jan. 13, 2017; 84 FR 47864, Sept. 10, 2019]
RFO
Prescription superseded under the RFO
The prescription shown below is from the codified eCFR. The Revolutionary FAR Overhaul relocates this clause's prescription as follows:
-
19.811-3→19.108-10(prescriptive text also revised)
See the deviation memorandum for the current prescription authority.
View deviation: 2026-O0037 →R-DFARS Prescription Source
This clause is prescribed in the R-DFARS by the following deviation:
-
2026-O0037
— DFARS RFO Implementation (Part 19)
(DFARS Part 219)
Add clause 52.219-12
19.811-3(b)
(b) The contracting officer shall insert the clause at 52.219-12, Special 8(a) Subcontract Conditions, in contracts between the SBA and its 8(a) contractor when the acquisition is accomplished using the procedures of 19.811-1(a) and (b).
DFARS Supplementary Guidance
219.811-3
(1) Use the clause at 252.219-7009, Section 8(a) Direct Award, instead of the clauses at FAR 52.219-11, Special 8(a) Contract Conditions, FAR 52.219-12, Special 8(a) Subcontract Conditions, and FAR 52.219-17, Section 8(a) Award, in solicitations and contracts processed in accordance with the PA cited in 219.800.
(2) Use the clause at 252.219-7010, Notification of Competition Limited to Eligible 8(a) Participants--Partnership Agreement, in lieu of the clause at FAR 52.219-18, Notification of Competition Limited to Eligible 8(a) Participants, in competitive solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services, when the acquisition is accomplished using the procedures of FAR 19.805 and processed in accordance with the PA cited in 219.800.
(3) Use the clause at 252.219-7011, Notification to Delay Performance, in solicitations and purchase orders issued under the PA cited in 219.800.
(2) Use the clause at 252.219-7010, Notification of Competition Limited to Eligible 8(a) Participants--Partnership Agreement, in lieu of the clause at FAR 52.219-18, Notification of Competition Limited to Eligible 8(a) Participants, in competitive solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services, when the acquisition is accomplished using the procedures of FAR 19.805 and processed in accordance with the PA cited in 219.800.
(3) Use the clause at 252.219-7011, Notification to Delay Performance, in solicitations and purchase orders issued under the PA cited in 219.800.
Prescription data sourced from eCFR as of 2026-06-10 03:16 UTC.
Cross-references within the prescription are not resolved automatically.
Regulatory Stack
The layers of regulation that govern this clause, from the FAR prescription through agency-specific supplements and any active deviations.
RFO
RFO Version
Overhauled clause text
The Revolutionary FAR Overhaul publishes a revised version of this clause. See the RFO Version tab for the controlling authority under the RFO model.
R-DFARS
R-DFARS Prescription
Per Deviation 2026-O0037 (DFARS Part 219)
2026-O0037: DFARS RFO Implementation (Part 19) — DFARS Part 219
FAR
FAR Prescription
⚠ May be superseded by RFO
19.811-3(b)
(b) The contracting officer shall insert the clause at 52.219-12, Special 8(a) Subcontract Conditions, in contracts between the SBA and its 8(a) contractor when the acquisition is accomplished using the procedures of 19.811-1(a) and (b).
DFARS
DFARS Supplement (eCFR)
⚠ May be superseded by RFO
219.811-3
(1) Use the clause at 252.219-7009, Section 8(a) Direct Award, instead of the clauses at FAR 52.219-11, Special 8(a) Contract Conditions, FAR 52.219-12, Special 8(a) Subcontract Conditions, and FAR 52.219-17, Section 8(a) Award, in solicitations and contracts processed in accordance with the PA cited in 219.800.
(2) Use the clause at 252.219-7010, Notification of Competition Limited to Eligible 8(a) Participants--Partnership Agreement, in lieu of the clause at FAR 52.219-18, Notification of Competition Limited to Eligible 8(a) Participants, in competitive solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services, when the acquisition is accomplished using the procedures of FAR 19.805 and processed in accordance with the PA cited in 219.800.
(3) Use the clause at 252.219-7011, Notification to Delay Performance, in solicitations and purchase orders issued under the PA cited in 219.800.
(2) Use the clause at 252.219-7010, Notification of Competition Limited to Eligible 8(a) Participants--Partnership Agreement, in lieu of the clause at FAR 52.219-18, Notification of Competition Limited to Eligible 8(a) Participants, in competitive solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services, when the acquisition is accomplished using the procedures of FAR 19.805 and processed in accordance with the PA cited in 219.800.
(3) Use the clause at 252.219-7011, Notification to Delay Performance, in solicitations and purchase orders issued under the PA cited in 219.800.
Version History
Version history is sourced from the codified eCFR. Changes published only as class deviations or by the Revolutionary FAR Overhaul do not appear here until they are incorporated into the eCFR. For RFO-driven changes see the RFO Version tab and any active deviations cited above.
4 versions tracked from 2017-01-01 to 2019-10-10.
OCT 2019
October 10, 2019
CURRENT
SUBSTANTIVE
Removed in this version
Added in this version
Unchanged
SEP 2019 (previous)
OCT 2019 (current)
31 added, 33 removed
(3)
(3) That it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the designated Contracting Officer of the ____ [insert name of contracting agency].
(3)
(3) That it will notify the [insert name of contracting agency] Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.
1 added, 40 removed
(4)
(4) That is will notify the [insert name of contracting agency] Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.
(4)
[Removed]
SEP 2019
September 10, 2019
SUBSTANTIVE
Removed in this version
Added in this version
Unchanged
JAN 2017 (previous)
SEP 2019 (current)
2 added, 2 removed
(a)
(a) The Small Business Administration (SBA) has entered into Contract No. __ [insert number of contract] with the __ [insert name of contracting agency] to furnish the supplies or services as described therein. A copy of the contract is attached hereto and made a part hereof.
(a)
(a) The Small Business Administration (SBA) has entered into Contract No. ____ [insert number of contract] with the ____ [insert name of contracting agency] to furnish the supplies or services as described therein. A copy of the contract is attached hereto and made a part hereof.
1 added, 1 removed
(b)
(b) The __ [insert name of subcontractor], hereafter referred to as the subcontractor, agrees and acknowledges as follows:
(b)
(b) The ____ [insert name of subcontractor], hereafter referred to as the subcontractor, agrees and acknowledges as follows:
1 added, 1 removed
(1)
(1) That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract No. __ [insert number of contract] for the consideration stated therein and that it has read and is familiar with each and every part of the contract.
(1)
(1) That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract No. ___ [insert number of contract] for the consideration stated therein and that it has read and is familiar with each and every part of the contract.
1 added, 1 removed
(2)
(2) That the SBA has delegated responsibility, except for novation agreements, for the administration of this subcontract to the _____ [insert name of contracting agency] with complete authority to take any action on behalf of the Government und_d conditions of this subcontract.
(2)
(2) That the SBA has delegated responsibility, except for novation agreements, for the administration of this subcontract to the ___ [insert name of contracting agency] with complete authority to take any action on behalf of the Government und_d conditions of this subcontract.
1 added, 1 removed
(3)
(3) That it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the designated Contracting Officer of the __ [insert name of contracting agency].
(3)
(3) That it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the designated Contracting Officer of the ____ [insert name of contracting agency].
1 added, 1 removed
(c)
(c) Payments, including any progress payments under this subcontract, will be made directly to the subcontractor by the __ [insert name of contracting agency]. (End of clause)
(c)
(c) Payments, including any progress payments under this subcontract, will be made directly to the subcontractor by the ____ [insert name of contracting agency]. (End of clause)
JAN 2017
January 13, 2017
SUBSTANTIVE
Removed in this version
Added in this version
Unchanged
January 1, 2017 (previous)
January 13, 2017 (current)
4 added, 10 removed
(2)
(2) That the SBA has delegated responsibility, except for novation agreements and advance payments, for the administration of this subcontract to the __ [insert name of contracting agency] with complete authority to take any action on behalf of the Government under the terms and conditions of this contract.
(2)
(2) That the SBA has delegated responsibility, except for novation agreements, for the administration of this subcontract to the _____ [insert name of contracting agency] with complete authority to take any action on behalf of the Government und_d conditions of this subcontract.
JAN 2017
January 1, 2017
SUBSTANTIVE
Earliest version available from the eCFR
RFO Version
Comparison of the codified eCFR text against the Revolutionary FAR Overhaul revision. Highlights show additions (green) and deletions (red, struck through).
Clause Text
Substantive changes. The RFO version differs materially from the eCFR text.
eCFR (codified)
RFO (implemented)
Unchanged
52.219-12 Special 8(a) Subcontract Conditions.
eCFR (codified)
RFO (implemented)
1 added, 1 removed
As prescribed in 19.811-3(b), insert the following clause:
As prescribed in 19.108-10(b), insert the following clause:
2 added, 2 removed
(a)
(a) The Small Business Administration (SBA) has entered into Contract No. ____ [insert number of contract] with the ____ [insert name of contracting agency] to furnish the supplies or services as described therein. A copy of the contract is attached hereto and made a part hereof.
(a)
(a) The Small Business Administration (SBA) has entered into Contract No. ________ [insert number of contract] with the _________ [insert name of contracting agency] to furnish the supplies or services as described therein. A copy of the contract is attached hereto and made a part hereof.
1 added, 1 removed
(b)
(b) The ____ [insert name of subcontractor], hereafter referred to as the subcontractor, agrees and acknowledges as follows:
(b)
(b) The ___________ [insert name of subcontractor], hereafter referred to as the subcontractor, agrees and acknowledges as follows:
1 added, 1 removed
(1)
(1) That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract No. ___ [insert number of contract] for the consideration stated therein and that it has read and is familiar with each and every part of the contract.
(1)
(1) That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract No. ______ [insert number of contract] for the consideration stated therein and that it has read and is familiar with each and every part of the contract.
2 added, 1 removed
(2)
(2) That the SBA has delegated responsibility, except for novation agreements, for the administration of this subcontract to the ___ [insert name of contracting agency] with complete authority to take any action on behalf of the Government und_d conditions of this subcontract.
(2)
(2) That the SBA has delegated responsibility, except for novation agreements, for the administration of this subcontract to the _______ [insert name of contracting agency] with complete authority to take any action on behalf of the Government und_d and conditions of this subcontract.
1 added
(3)
(3) That it will notify the [insert name of contracting agency] Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.
(3)
(3) That it will notify the __________ [insert name of contracting agency] Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.
1 added, 1 removed
(c)
(c) Payments, including any progress payments under this subcontract, will be made directly to the subcontractor by the ____ [insert name of contracting agency].
(c)
(c) Payments, including any progress payments under this subcontract, will be made directly to the subcontractor by the ______ [insert name of contracting agency].
51 removed
[48 FR 42478, Sept. 19, 1983, as amended at 54 FR 34757, Aug. 21, 1989; 54 FR 46009, Oct. 31, 1989; 55 FR 3889, Feb. 5, 1990; 55 FR 38518, Sept. 18, 1990; 61 FR 67422, Dec. 20, 1996; 82 FR 4731, Jan. 13, 2017; 84 FR 47864, Sept. 10, 2019]
Applied to DoD contracts via
Class Deviation 2026-O0037 (effective 2026-02-01)
.
Prescription
Substantive changes. The RFO prescription differs materially from the eCFR prescription.
eCFR (codified)
RFO (implemented)
Unchanged
52.219-12 Special 8(a) Subcontract Conditions.: Prescription
eCFR (codified)
RFO (implemented)
6 added, 5 removed
(b)
(b) The contracting officer shall insert the clause at 52.219-12, Special 8(a) Subcontract Conditions, in contracts between the SBA and its 8(a) contractor when the acquisition is accomplished using the procedures of 19.811-1(a) and (b).
(b)
(b) The contracting officer must insert the clause at 52.219-12, Special 8(a) Subcontract Conditions, in contracts between the SBA and its 8(a) contractor when the acquisition is accomplished using sole source procedures in 19.208-7(a)(1) and (2).
Active Class Deviations
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