Sole Source 8(a) "selection criteria"

Have you looked at FAR 6.301(b), 10.001 and FAR 15-406-3?

I've determined my acquisition strategy already, and I've done market research that supports my ability to enter negotiations with one 8(a) Contractor. I'm just looking for your method of picking that 8(a)...

I totally agree with your prior experience and procedures in selecting an 8(a).  Unless your new agency has some other policy requirements, all you need to do is comply with FAR 19.8 and SBA requirements for an offering letter.  Since you have conducted market research and concluded one source is appropriate, that’s all you need.  You just need to document that in clear and concise terms.  Nothing elaborate.  This assumes you aren’t over the dollar threshold for competition.  If you new agency has difficulties understanding, have them talk with SBA.

On 8/22/2023 at 12:57 PM, A.Foreman said:

Looking for input and thoughts and even clear evidence that what I've done to date.

Noting that your post relates to how you do it and how you might counsel your new office on how to do it here you go.  If you want elaboration on any of what I have offered please feel to message me via WIFCON's message tool.

Have the agency folks review and grasp the FAR and agency supplements regarding 8(a) - FAR 19.8

Alert your agency folks to its SBA Partnership Agreement if one exists to ensure a grasp of compliance with regard agreement that essentially supplements the FAR guidance -https://www.sba.gov/document/support--sba-and-agencies-partnership-agreements 

Contact the SBA District Office that services your office to develop a relationship - Noted here if your agency has a Procurement Center Representative or other entity that assists keep them in the loop too.  Here I just note that if they have had little experience with the 8(a) Program it makes me wonder if the latter exists for your agency.

Identify a potential procurement for offering to the 8(a) Program

Market Research specific to 8(a) - Armed with a North American Industrial Classification Code (NAICS) number of the potential procurement utilize the Small Business Dynamic Business Search tool to find potential 8(a) firms to name offer the potential project too.   https://dsbs.sba.gov/search/dsp_dsbs.cfm  Also contact the local SBA District to ask them for suggestions.

Once you determine potential entities further research them in the usual internet ways, possibly even CPARS to determine their past performance record, contact the firms you have determined to be best potential to do further assessment - specific reference for this is 13 CFR 124.503(f)(2).   I highly suggest that you have agency folks review 124.501 through 124.513 for nuances of the offer/award process beyond the SBA Partnership Agreement and the FAR, including agency supplements.

If you like one that you have found then offer the project to the SBA in the name of the firm.  

You can also do a "open" offering to the program where the SBA matches a firm they believe is appropriate.   Just be aware of the nuances of offering a project to the 8(a) Program as there are considerations to make, one especially is attempting to withdraw the project offering.   The CFR references already provided are big help here too.

Reminders

If construction geographical area of the project is a factor in the selection of named offering - 13 CFR 124.501 (many references but see (K))

An estimate for an 8(a) Program offering is to be based on Fair Market Pricing - 13 CFR 124.511

I could probably add details here and there but this is the quick of it.  I hope it helps.

PS - SDB is different than 8(a).  Research it please. 13 CFR 124.1001.

@A.Foreman  looking over everything we said, I don’t think you received an adequate response about your sole source question.   One key piece about the program is SBA encourages 8(a) participants to self market and locate opportunities themselves.  FAR 19.803 says:

Quote

(c) Agencies may also review other proposed acquisitions for the purpose of identifying requirements which may be offered to the SBA. Where agencies independently, or through the self marketing efforts of an 8(a) participant, identify a requirement for the 8(a) program, they may offer on behalf of a specific 8(a) participant, for the 8(a) program in general, or for 8(a) competition.

Requiring detailed sole source justifications runs counter to that.  The program is designed to promote eligible companies to obtain government business.  The things SBA is concerned about are if the proposed work falls within the participants approved business plan, the company is still eligible to receive additional awards, and the new contract hasn’t taken work away from other small firms.

C Culham said:

PS - SDB is different than 8(a).  Research it please.

While I don’t disagree, it may help to identify what difference(s) you distinguish in light of the original post.

FAR 19.000(a)(6) “The "8(a)" business development program (hereafter referred to as 8(a) program), under which agencies contract with the SBA for goods or services to be furnished under a subcontract by a small disadvantaged business concern.”