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construction, the SBA will identify the (e) Generally, section 8(a) contract category or categories of work, the between a procuring agency and th extent of work needed, and location SBA will not be considered for specifi restrictions, if any.
items or work after such items or worl (c) In addition to giving considera have been synopsized in the Com tion to requests for procurement com merce Business Daily or publicized t
ments received from the SBA, each or solicited from industry. procuring agency should also review
(37 FR 1037, Jan. 22, 1972) other proposed procurements estimated to exceed $2,500 for the purpose of $ 1-1.713-3 Procurement of supplies, sen identifying other requirements which ices, and research and development. may be awarded to the SBA. The pro
(a) Factors to be considered. When curing agency should promptly notify
procuring agency receives a reques the SBA of any such proposed pro
from SBA which involves the procure curements which are available for
ment of supplies, services, or research award to SBA under section 8(a). In
and development, consideration shal connection with all proposed procure
be given to: ments which may become involved in
(1) Estimated total requirements of an award to SBA, the procuring
the identified items planned for pri agency should furnish all available in
curement in the current fiscal year formation concerning the work includ
and, to the extent possible, future ing, where applicable, but not limited fiscal years; to, quantities, required delivery sched
(2) Required monthly rates of proules or time for performance, location, duction and delivery or performance; drawings and specifications, if any,
(3) Items of work of similar comples and current detailed Government esti
ity and nature if there are no know mates, where readily available, includ
requirements for the specifically iden ing quantities and unit costs; labor tified items; costs, identified where possible with
(4) Impact if the items or work are specific items of materials to be placed
urgent or if slippage in performance or or operations to be performed; facili
delivery occurs; and ties and equipment required, including
(5) Any other information concern: rental, hours, and rates; workmen's
ing the items or work of the prospec compensation and public liability in
tive subcontractor which is pertinent surance; overhead, general and admin
to the requested commitments, includistrative, and profit; employment
ing the price range in previous or cur taxes under FICA and FUTA; bonds;
A and FUTA, bonas, rent procurements. and any other readily available infor
(b) Cost or pricing data. When re mation which will help SBA to deter
quired by § 1-3.807-3, the SBA shall mine whether it will submit a request
secure from its prospective subcontrat: to the procuring agency for a procure
tor cost or pricing data, together with ment commitment.
any necessary supporting certificate. (d) When requested by the SBA, the (c) Notification. After completing its contracting officer of the procuring review of the SBA's request for a com agency and his authorized representa mitment, the procuring agency will tives shall render all possible assist- notify the SBA of the extent to which ance to the SBA relative to its negotia a section 8(a) contract will be placed tions with eligible concerns regarding with the SBA and the time frames the possible award of section 8(a) sub- within which the prime and subcon: contracts. At the SBA's request, the tract actions have to be completed in contracting officer of the procuring order to satisfy the procuring agency's agency or his authorized representa program responsibilities. This notifica. tives may conduct the negotiations tion represents a firm commitment by with eligible concerns, but any agree. the procuring agency to award a conments which may be reached as the tract to SBA under terms and condi result of such negotiations must be ap tions which are agreeable to both proved by an authorized representa agencies, provided that there is no mative of the SBA.
terial change in requirements, avall.
ability of funds, or other pertinent 32, General Provisions, appropriate factors. In the notification to the SBA, procuring agency forms, and other apthe procuring agency may also fix a propriate provisions shall be incorpotime limit (generally not less than 30 rated in the contract. Unless otherwise workdays after receipt of the notifica- agreed upon between the SBA and the tion) within which the SBA must es. procuring agency, the following clause tablish contact with the designated (or a clause similar thereto) also shall procuring activity of the procuring be incorporated in the contract: agency and initiate negotiation of the section 8(a) contract. If negotiations
SPECIAL 8(a) CONTRACT CONDITIONS are not completed within the time The Small Business Administration (SBA) frame established by the procuring agrees as follows: agency, the agency may notify SBA (a) To furnish the supplies or services set that it intends to proceed with the forth in this contract according to the speciprocurement without further regard
fications and the terms and conditions
hereof by subcontracting with an eligible for the section 8(a) procedures, unless
concern pursuant to the provisions of secadditional time is requested by SBA
tion 8(a) of the Small Business Act, as and such additional time is granted by
amended (15 U.S.C. 637(a)). the procuring agency after giving due (b) That in the event SBA does not award regard to the urgency of the proposed a subcontract for all or a part of the work procurement.
hereunder, this contract may be terminated (d) Provisions of contracts with either in whole or in part without cost to SBA. After the SBA has completed its
either party. negotiations with an eligible concern
(c) SBA hereby delegates to the (insert pursuant to the procurement commit
name of procuring agency) the responsibili
ty for administering the subcontract to be ment made by the procuring agency,
awarded hereunder with complete authority and after the SBA and the procuring
to take any action on behalf of the Governagency have reached an agreement ment under the terms and conditions of the concerning the terms and conditions subcontract: Provided, however, That the (including price) to be included in the (insert name of procuring agency) shall give contract to be awarded by the procur advance notice to the SBA before it issues a ing agency to the SBA and have also
final notice terminating the right of a submutually agreed upon the terms and
contractor to proceed with further perform
ance, either in whole or in part, under the conditions (including price) to be in
subcontract for default or for the convencluded in the subcontract to be award
ience of the Government. ed by the SBA to a small business con
(d) Payments to be made under any subcern, the procuring agency shall pre
contract awarded under this contract will be pare two sets of contract documents as made directly to the subcontractor by the follows:
(insert name of procuring agency). (1) Standard Form 26, Award/Con (e) That the subcontractor awarded a subtract, and Standard Form 36, Continu contract hereunder shall have the right of ation Sheet, shall be prepared for ex
appeal from decisions of the Contracting ecution by the SBA and the procuring
Officer cognizable under the “Disputes"
clause of said subcontract, which clause agency. Authority for negotiation of
shall be identical with that set out in Article the contract shall be cited as 41 U.S.C.
12 of Standard Form 32. It is further under252 (c)(15) and 15 U.S.C. 637(a). The
stood and agreed that the subcontract to be contract shall be prepared in the same executed between the SBA and SBA's subdetail as would be required for an contractor shall also include a clause as folaward to a private business. It should lows: be recognized, however, that the con For the purpose of this subcontract, the tract is to be executed by the SBA and reference to the “Secretary or his duly authe procuring agency. No requirement
thorized representative" in the “Disputes" for the SBA to furnish payment or
clause of this subcontract (Article 12 of
Standard Form 32. General Provisions) performance bonds shall be included
shall be deemed to mean, respectively, the in the contract. In addition to the
(insert Secretary or Administrator) of the terms and conditions which have been (insert name of procuring agency) and the mutually agreed upon by the SBA and Board of Contract Appeals of the (insert the procuring agency, Standard Form name of procuring agency).
(2) The original and one duplicate number of contract) with the (insert name original copy of the contract docu of procuring agency) to furnish the supplies ments shall be executed by an author
or services as described therein. A copy of ized official of the SBA and the con
said contract is attached hereto and made a tracting officer of the procuring
part hereof. As used in this subcontract, the
reference to "the Secretary or his duly auagency. The original executed contract
thorized representative" in the “Disputes" (and such additional authenticated, clause of this subcontract (Article 12 of conformed, or reproduced copies as Standard Form 32. General Provisi may be required by the procuring shall be deemed to mean, respectively, the agency) shall be retained by the pro (insert Secretary or Administrator) of the curing agency and distribution shall (insert name of procuring agency) and the be made in accordance with its inter
Board of Contract Appeals of the (insert nal regulations and procedures. The
name of procuring agency). duplicate original copy of the contract
(b) The (insert name of the subcontrac(and such additional authenticated,
tor), hereafter referred to as the subcon.
tractor, agrees and acknowledges as follows: conformed, or reproduced copies as
(1) That he will, for and on behalf of the may be required by SBA) shall be for
SBA, fulfill and perform all of the require. warded by the procuring agency to
ments of Contract No. (insert number of SBA for distribution in accordance contract) for the consideration stated there. with its internal regulations and pro in and that he has read and is familiar with cedures.
each and every part of said contract. (e) Provisions of subcontracts
(2) That the SBA has delegated responsi. awarded by SBA. (1) The subcontract
bility for the administration of this subconwhich will be executed by SBA and its
tract to the (insert name of procuring subcontractor shall be prepared by the
agency) with complete authority to take
any action on behalf of the Government procuring agency on Standard Form
under the terms and conditions of this sub33, Solicitation, Offer, and Award, or contract. on Standard Form 26, Award/Con
(3) That he will not subcontract the pertract, as appropriate, and Standard formance of any of the requirements of this Form 36, Continuation Sheet. It shall subcontract to any lower tier subcontractor be prepared in the same detail as without the prior written approval of the would be required for a normal pro
SBA and the designated contracting officer curement contract awarded by the
of the (insert name of procuring agency). procuring agency, recognizing at the
(c) Payments, including any progress pay.
ments, under this subcontract will be made same time, however, that the subcontract is to be executed by SBA and its
directly to the subcontractor by the (insert
name of procuring agency), subcontractor. In addition to the terms and conditions, including price,
(2) The original and two duplicate delivery and performance dates, and original copies of the subcontract shall other pertinent information which be executed by the subcontractor and have been agreed upon and incorpo- an authorized official of the SBA. The rated in the contract between SBA original executed subcontract and and the procuring agency, and which, such additional authenticated, conin turn, have been agreed upon during formed, or reproduced copies as may the negotiations between the SBA and be required by SBA shall be retained its subcontractor, Standard Form 32, by SBA for internal distribution in acGeneral Provisions, and other appro- cordance with its regulations and propriate procuring agency forms and cedures. One duplicate original copy of special provisions shall also be incor- the executed subcontract and such adporated in the subcontract. Unless ditional authenticated, conformed, or otherwise agreed upon between the reproduced copies as may be required SBA and the procuring agency, the by the procuring agency shall be furfollowing clause (or a similar clause) nished to the procuring agency for inshall also be incorporated in the sub- ternal distribution in accordance with contract:
its regulations and procedures. The
second duplicate original copy of the SPECIAL 8(a) SUBCONTRACT CONDITIONS
executed subcontract, together with (a) The Small Business Administration an attached copy of the contract be(SBA) has entered into Contract No. (insert tween the SBA and the procuring
gency shall be furnished to the sub- (2) Work projects of similar comontractor.
plexity and nature if there are no (f) Special services. The require- known work projects of the specific ents set forth in $$ 1-1.713-3(d)(1) type requested. nd 1-1.713-3(e)(1) concerning the (c) Lists of construction projects. In erms and conditions to be included in addition to specific individual requests ontracts between the SBA and pro- by the SBA, the procuring agency uring agencies and in subcontracts shall furnish to the SBA, in accordetween the SBA and eligible concerns ance with a mutually acceptable may be modified as appropriate for schedule, lists of construction work ontracts and subcontracts involving projects which it deems to be suitable pecialized types of services such as for subcontracting by SBA under the building services, food services, and section 8(a) program. business concessions.
(d) Cost or pricing data. When re
quired by § 1-3.807-3, the SBA shall 37 FR 1038, Jan. 22, 1972)
secure from its prospective subcontrac51-1.713-4 Procurement of construction. tor cost or pricing data, together with
any necessary supporting certificate. (a) Information furnished by SBA.
(e) Notification. After completing its In subcontracts for construction (in
review of the SBA request for a comcluding maintenance, repair, and alter
mitment, the procuring agency shall ation), it is the policy of the Small
notify the SBA of the extent to which Business Administration to award sub
a section 8(a) contract will be placed contracts under the section 8(a) pro
with the SBA and the time frames gram only to those concerns which
within which the contract actions have been approved by SBA as sup
need to be completed in order to satisporting the policy objectives of $ 1
fy its program responsibilities. This 1.713-2. In the execution of this
notification represents a firm commitpolicy, the SBA will furnish to the
ment by the procuring agency to procuring agency its request for a
award a contract to SBA under mutucommitment showing at least the fol
ally acceptable terms and conditions, lowing information:
provided there is no material change (1) The various categories of mainte
in requirements, availability of funds, nance, repair, alteration, and construc
or other pertinent factors. The notifition work in such specific work project
cation should contain the following incategories as mechanical, electrical,
formation with regard to the work heating and air conditioning, demoli
projects: tion, building painting. paving, earth
(1) A summary of the proposed work, waterfront work, or general construction work; and
work; (2) The individual identification of
(2) Plans and specifications; the estimated dollar value in each cat
(3) Required performance schedules; egory.
(4) Any other pertinent and reason(b) Evaluation of SBA requests. The
ably available data, wage determinaprocuring agency will evaluate the
tion by the Secretary of Labor, if reSBA request for a commitment and
quired; and determine to what extent the agency
(5) Available detailed Government has proposed work projects for which
cost estimates, including: funding is available in those requested (i) Material quantities and unit categories. In the evaluation of the costs; SBA request for a commitment, the (ii) Labor costs (identified with the matters considered shall include the specific item of material to be placed following:
or operation to be performed); (1) The extent to which work pro (iii) Construction equipment (hours jects of the type requested by SBA are and rates); planned for procurement in the cur- (iv) Workmen's compensation and rent fiscal year and, to the extent public liability insurance; known, future fiscal years; and
(v) Overhead and profit;
(vi) Employment taxes under FICA and FUTA; and
(f) Time limitations. In the notification to the SBA, the procuring agency may also fix a time limit (generally not less than 30 days after receipt of the notification) within which the SBA must establish contact with the designated procuring activity and initi. ate negotiations of the section 8(a) contract. If negotiations are not completed within the time frame established by the procuring agency, the designated procuring activity may notify the SBA that it intends to proceed with the procurement without further regard to the section 8(a) procedures, unless additional time is requested by SBA and granted by the procuring activity after due consideration for the urgency of the proposed procurement.
(g) Provisions of contracts with SBA. The procuring agency shall prepare two sets of contract documents as provided by this paragraph (g) after: (1) The SBA has completed negotiations with the eligible concern pursuant to the commitment made by the procuring agency; (2) the SBA and the procuring agency have reached mutual agreement concerning all terms and conditions (including price) to be in. cluded in the contract to be awarded by the procuring agency to SBA; and (3) the SBA and the procuring agency have agreed upon all the terms and conditions (including price) to be included in the subcontract to be awarded by SBA to the eligible concern.
(1) The contract to be executed be tween the SBA and the procuring agency shall be prepared by the procuring agency on Standard Form 19, Invitation, Bid, and Award (Construction, Alteration or Repair), Standard Form 23, Construction Contract, as may be appropriate. Authority for negotiation of the contract shall be cited as 41 U.S.C. 252(c)(15) and 15 U.S.C. 637(a). The contract shall be prepared in the same detail as would be required for a normal procurement contract to be awarded by the procuring agency to a private business, recognizing at the same time, however, that the contract documents are to be ex
ecuted by the SBA and the procuring agency. No requirement for the SBA to furnish payment and performance bonds shall be included in the contract. In addition to including the terms and conditions (including price) which have been mutually agreed upon between SBA and the procuring agency, there shall also be incorporated in the contract Standard Form 19A, Labor Standards Provisions Applicable to Contracts in Excess of $2,000, if the contract is in excess of $2,000, and Standard Form 23-A, General Provisions (Construction Contract), or the General Provisions on Standard Form 19, whichever is appropriate, together with such other procuring agency forms and special conditions as may be required. The contract shall also contain a provision that the SBA shall not be entitled to any commission on work performed by its subcontractor or any lower tier subcontractor. Unless otherwise agreed upon between the SBA and the procuring agency, the following additional clause (or a similar clause) shall be incorpo. rated in contracts prepared on Standard Form 19 or Standard Form 23.
SPECIAL 8(a) CONTRACT CONDITIONS The Small Business Administration (SBA) agrees as follows:
(a) SBA will perform the work set forth in this contract according to the specifications and drawings and the terms and conditions hereof by subcontracting with an eligible concern pursuant to the provisions of sec. tion 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).
(b) If SBA does not award a subcontract for the work hereunder, this contract may be terminated without cost to either party.
(c) The SBA hereby delegates to the (insert name of procuring agency) responsibility for administering the subcontract to be awarded hereunder with complete authority to take any action on behalf of the Government under the terms and conditions of the subcontract.
(d) Progress payments to be made under the subcontract awarded under this contract shall be made directly to the subcontractor by the (insert name of procuring agency). However, final payment under the subcontract will be made only upon the written authorization of the SBA and after receipt of an executed release of claims from the subcontractor.
(e) The subcontractor awarded a subcontract hereunder shall have the right of