PGI 219.208-70 (R-DFARS)

Deviated Text

This text comes from the Word attachment to class deviation 2026-O0037, not from acquisition.gov. The deviation memo directs contracting officers to use it in place of the codified PGI. The source attachment linked below is authoritative.

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(a) Procedures for competitive 8(a). For requirements processed under the PA cited in DFARS 219.108-70—

(1) For sealed bid and negotiated acquisitions, the SBA will determine the eligibility of the firms and will advise the contracting officer within 2 working days after its receipt of a request for an eligibility determination; and

(2) For negotiated acquisitions, the contracting officer may submit a request for an eligibility determination on all firms in the competitive range if discussions are to be conducted, or on all firms with a realistic chance of award if no discussions are to be conducted.

(b) Contract negotiation. For requirements processed under the PA cited in DFARS 219.108-70—

(1) The agency may negotiate directly with the 8(a) contractor. The contracting officer is responsible for initiating negotiations;

(2) The 8(a) contractor is responsible for negotiating within the time established by the contracting officer;

(3) If the 8(a) contractor does not negotiate within the established time and the agency cannot allow additional time, the contracting officer may, after notifying the SBA, proceed with the acquisition from other sources;

(4) If requested by the 8(a) contractor, the SBA may participate in negotiations; and

(5) SBA approval of the contract is not required.

(d) Preparing the contracts.

(1) Sole source or competitive awards under the PA cited in DFARS 219.108-70 may be made directly to the 8(a) contractor and, except as provided in paragraph (2) of this subsection, award documents will be prepared in accordance with procedures established for non-8(a) contracts, using any otherwise authorized award forms. The “Issued by” block will identify the awarding DoD contracting office. The contractor’s name and address will be that of the 8(a) participant.

(2) Use the following alternative procedures for direct awards made under the PA:

(i) Cite 10 U.S.C. 3204(a)(5) as the authority for use of other than full and open competition.

(ii) Include the clause at DFARS 252.219-7009, Section 8(a) Direct Award, in

accordance with the prescription at DFARS 219.108-72. Identify the cognizant SBA district

office for the 8(a) contractor.

(iii) No SBA contract number is required.

(iv) Do not require an SBA signature on the award document.

Sources: Deviation attachment (.docx) · Codified PGI 219.208-70

PGI 219.208-70: Partnership agreement.

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