52.219-12 Special 8(a) Subcontract Conditions.
Prescription and Applicability
FAR Prescription, 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.
Current Text
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]
Suggested Questions
You can ask your AI assistant:
- Should I include this provision in my solicitation?
- Does this clause apply to commercial acquisitions?
- Does this clause apply to R&D contracts under Part 35?
- Which alternate should I use for a multiple-award contract?
- Are there any active Class Deviations that modify this clause?
- What changed in the most recent amendment?