19.812 Contract administration.

(a) The contracting officer shall assign contract administration functions, as required, based on the

location of the 8(a) contractor (see Federal Directory of Contract Administration Services

Components (available via the Internet at https://piee.eb.mil/pcm/xhtml/unauth/index.xhtml )).

(b) The agency shall distribute copies of the contract(s) in accordance with part 4. All contracts and

modifications, if any, shall be distributed to both the SBA and the 8(a) contractor in accordance with

the timeframes set forth in 4.201.

(c) To the extent consistent with the contracting activity’s capability and resources, 8(a) contractors

furnishing requirements shall be afforded production and technical assistance, including, when

appropriate, identification of causes of deficiencies in their products and suggested corrective action

to make such products acceptable.

(d) For 8(a) contracts exceeding 5 years including options, the contracting officer shall verify in

DSBS or SAM that the concern is an SBA-certified 8(a) participant no more than 120 days prior to

the end of the fifth year of the contract. If the concern is not an SBA-certified 8(a) participant, the

contracting officer shall not exercise the option (see 13 CFR 124.521(e)(2)).

(e) An 8(a) contract, whether in the base or an option year, must be terminated for convenience if

the 8(a) contractor to which it was awarded transfers ownership or control of the firm or if the

contract is transferred or novated for any reason to another firm, unless the Administrator of the

SBA waives the requirement for contract termination (13 CFR 124.515). The Administrator may

waive the termination requirement only if certain conditions exist. Moreover, a waiver of the

requirement for termination is permitted only if the 8(a) contractor's request for waiver is made to

the SBA prior to the actual relinquishment of ownership or control, except in the case of death or

incapacity where the waiver must be submitted within 60 calendar days after such an occurrence.

The clauses in the contract entitled "Special 8(a) Contract Conditions" and "Special 8(a) Subcontract

Conditions" require the SBA and the 8(a) subcontractor to notify the contracting officer when

ownership of the firm is being transferred. When the contracting officer receives information that an

8(a) contractor is planning to transfer ownership or control to another firm, the contracting officer

shall take action immediately to preserve the option of waiving the termination requirement. The

contracting officer shall determine the timing of the proposed transfer and its effect on contract

performance and mission support. If the contracting officer determines that the SBA does not intend

to waive the termination requirement, and termination of the contract would severely impair

attainment of the agency's program objectives or mission, the contracting officer shall immediately

notify the SBA in writing that the agency is requesting a waiver. Within 15 business days thereafter,

or such longer period as agreed to by the agency and the SBA, the agency head must either confirm

or withdraw the request for waiver. Unless a waiver is approved by the SBA, the contracting officer

must terminate the contract for convenience upon receipt of a written request by the SBA. This

requirement for a convenience termination does not affect the Government's right to terminate for

default if the cause for termination of an 8(a) contract is other than the transfer of ownership or

control.

Parent topic: Subpart 19.8 - Contracting with the Small Business Administration (The 8(a)

Program)