PGI 219.108-70: Partnership agreement.

(a) A copy of the Partnership Agreement (PA) between DoD and the Small Business Administration (SBA) is available here.

(b)(1) For requirements processed under the PA cited in DFARS 219.108-70, the notification to the SBA must clearly indicate that the requirement is being processed under the PA. See DFARS 219.208-70(c)(2) for procedures related to purchase orders that do not

exceed the simplified acquisition threshold. All notifications should be submitted in writing

and must specify that—

(i) Under the PA, an SBA acceptance or rejection of the offering is required within 5 working days of receipt of the offering; and

(ii)(A) For sole source requirements, an SBA acceptance will include a size

verification and a determination of the 8(a) firm’s program eligibility, and, upon acceptance, the contracting officer will solicit a proposal, conduct negotiations, and make award directly to the 8(a) firm; or

(B) For competitive requirements, upon acceptance, the contracting officer will solicit offers, conduct source selection, and, upon receipt of an eligibility verification, award a contract directly to the selected 8(a) firm.

(2) Under the PA cited in DFARS 219.108-70, no separate agency offering or SBA

acceptance is needed for requirements that are issued under purchase orders that do not exceed the simplified acquisition threshold. After an 8(a) contractor has been identified, the contracting officer will establish the prices, terms, and conditions with the 8(a) contractor and

prepare a purchase order, including the applicable clauses required by DFARS 219.108-72.

No later than the day that the purchase order is provided to the 8(a) contractor, the contracting officer will provide to the cognizant SBA Business Opportunity Specialist via email or any other means acceptable to the SBA district office—

(i) A copy of the signed purchase order; and

(ii) A notification stating that the purchase order is being processed under the PA. The notification will also indicate that the 8(a) contractor is eligible for award and will

automatically begin work under the purchase order unless, within 2 working days after SBA’s receipt of the purchase order, the 8(a) contractor and the contracting officer are notified that the 8(a) contractor is ineligible for award.

(3) The notification to SBA must identify any joint venture proposed for performance of the contract. SBA must approve a joint venture before award of an 8(a) contract involving the joint venture.

(4) For competitive requirements for construction to be performed overseas, submit the notification to SBA Headquarters.

(5) For requirements processed under the PA cited in DFARS 219.108-70, SBA’s acceptance is required within 5 working days (but see DFARS 219.208-70(c)(2) for

procedures related to purchase orders that do not exceed the simplified acquisition threshold).