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FARS

Section 519.870-3: Acquisitions exceeding the SAT.

(a) In addition to the requirements of FAR 19.804-2, the offering letter must:

(1) State that the requirement is being offered under the GSA/SBA Memorandum of Understanding.

(2) Ask SBA to fax or e-mail its acceptance letter to you.

(b) SBA will determine the eligibility of the firm(s) and advise you within 5 working days of the receipt of the request. If SBA determines the firm is ineligible, then submit information on the next low offeror or next apparent successful offeror (as applicable) to the cognizant SBA district office.

(c) SBA must transmit its decision whether to accept the requirement to you in writing within 5 working days of receipt of the offering letter.

(d) If you do not receive an acceptance or rejection of the offering from SBA within 5 days of SBA’s receipt of the offering letter, you may assume that SBA has accepted the requirement and proceed with the acquisition.

(e) The acceptance letter includes all elements of eligibility (e.g., determination of adverse impact, North American Industry Classification System code appropriateness, and program eligibility) of the recommended 8(a) contractor. SBA will make a final determination of size eligibility for the procurement as of the date of the 8(a) concern's initial offer which includes price.

(f) When required by FAR 15.4, obtain cost or pricing data directly from the 8(a) contractor.




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