(d) When the acquisition is anticipated to exceed $5.5M, the acquisition plan approval authority will make a determination that the requirement is appropriate for the 8(a) program consistent with FAR Part 19 before it is offered to the SBA under the 8(a) program. The determination may be documented in the acquisition plan or in a separate document approved by the acquisition plan approval authority. If determination is approved separately, it must be noted in the acquisition plan.
(1) The determination shall:
(i) describe the results of market research that considered sole source and set-aside criteria in FAR Part 19 for each of the small business programs (i.e., HUBZone, SDVOSB and small business set aside programs), including special capabilities, discipline or capacity needed for contract performance.
(ii) describe if the offer to SBA under the 8(a) program will have an adverse impact on an individual small business, a group of small businesses located in a specific geographical location, or other small business programs. An adverse impact on a group of small businesses occurs when two or more small businesses are performing a requirement that is being consolidated into a single contract, and it is being considered under the 8(a) program. An adverse impact on a small business occurs when:
(A) a small business has performed the work for 24 months;
(B) a small business is performing the requirement at the time it is being considered for the 8(a) program; and
(C) the dollar value of the requirement is 25 percent or more of the small businesses recent annual gross sales (including affiliates).
(iii) indicate if the offer to SBA under the 8(a) program is in the best interest of the Government based on the results of the market research, consideration of the other small business programs, small business goals, acquisition history and number of qualified small 8(a) business available for the requirement (for competitive 8(a) requirements).
(iv) be coordinated with the cognizant small business specialist.
