ML23265A012

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Deviation to Far 19 Due to Ultima
ML23265A012
Person / Time
Issue date: 09/29/2023
From:
Office of Administration
To:
Shared Package
ML23265A005 List:
References
Download: ML23265A012 (1)


Text

Enclosure - Deviation to FAR Text Baseline is accurate through FAC 2023-05, to be effective September 22, 2023. Changes to baseline shown as [bolded, bracketed additions] and struck through deletions.

FAR text unchanged shown as asterisks.

Part 19 - Small Business Programs Subpart 19.8 - Contracting with the Small Business Administration (The 8(a) Program) 19.804 Evaluation, offering, and acceptance.

19.804-3 SBA acceptance.

(a) Upon receipt of the contracting offices offering letter, SBA will determine whether to accept the requirement for the 8(a) program. SBAs decision whether to accept the requirement will be transmitted to the contracting office in writing within 10 working days of receipt of the offer if the contract is likely to exceed the simplified acquisition threshold and within two working days of receipt if the contract is at or below the simplified acquisition threshold. The contracting office may grant an extension of these time periods, if requested by SBA.

(1) For acquisitions exceeding the simplified acquisition threshold, if SBA does not respond to an offering letter within ten working days, the contracting office may seek SBAs acceptance through the Associate Administrator for Business Development. The contracting office [must receive SBAs decision of acceptance before proceeding with award of an 8(a) contract] may assume that SBA has accepted the requirement into the 8(a) program if it does not receive a reply from the Associate Administrator for Business Development within five calendar days of receipt of the contracting offices request.

(2) For acquisitions not exceeding the simplified acquisition threshold, [the contracting office must receive SBAs decision of acceptance before proceeding with an award of an 8(a) contract] when the contracting office makes an offer to the 8(a) program on behalf of a specific 8(a) participant and does not receive a reply to its offering letter within two working days, the contracting office may assume the offer is accepted and proceed with award of an 8(a) contract.

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