FAR 18.114—Contracting with the Small Business Administration (The 8(a) Program).
Plain-English Summary
FAR 18.114 is a short cross-reference provision that tells contracting officers and contractors that federal contracts may be awarded to the Small Business Administration (SBA) for performance by eligible 8(a) participants, and that such awards may be made on either a sole-source or competitive basis. Its purpose is to point readers to the SBA’s 8(a) business development program rules in FAR subpart 19.8, where the detailed procedures, eligibility requirements, and award mechanics are found. In practice, this section matters because it confirms that 8(a) contracting is a lawful acquisition tool during emergencies or other situations covered by FAR part 18, but it does not itself create the authority or spell out the process. Instead, it signals that agencies must still follow the 8(a) program framework, including SBA involvement, participant eligibility, and the applicable sole-source or competitive procedures. For contractors, it means that an 8(a) award may come through SBA rather than directly from the agency, and that competition may still occur among eligible 8(a) firms depending on the acquisition strategy. For contracting officers, it is a reminder to coordinate with SBA and to use the 8(a) rules rather than treating the award as an ordinary unrestricted procurement.
Key Rules
Awards May Go to SBA
Contracts may be awarded to the Small Business Administration for performance by eligible 8(a) participants. The award is made to SBA, which then arranges for performance by the 8(a) participant under the program structure.
Sole-Source or Competitive
The section recognizes both sole-source and competitive 8(a) awards. Which method applies depends on the acquisition circumstances and the detailed rules in FAR subpart 19.8.
Eligibility Is Required
Only eligible 8(a) participants may perform under these awards. Eligibility is not determined by this section itself; it must be confirmed under the SBA 8(a) program requirements.
Subpart 19.8 Controls Details
This section is only a gateway provision and directs users to FAR subpart 19.8 for the governing procedures. The substantive rules on acceptance, competition, award processing, and program administration are found there.
Responsibilities
Contracting Officer
Determine whether an acquisition is appropriate for the 8(a) program, coordinate with SBA, and follow the procedures in FAR subpart 19.8 for either sole-source or competitive award.
Small Business Administration (SBA)
Receive the contract award on behalf of the 8(a) program and manage the award relationship so performance is carried out by an eligible 8(a) participant under the program rules.
8(a) Participant
Maintain eligibility for the 8(a) program and perform the contract in accordance with the terms of the SBA-arranged award and applicable program requirements.
Agency/Requirement Owner
Identify acquisition needs that may be suitable for 8(a) participation and support the contracting officer in routing the requirement through the proper SBA process.
Practical Implications
This section is not a stand-alone procedure; users must go to FAR subpart 19.8 to understand how an 8(a) award is actually processed.
A common mistake is assuming that any small business can receive an 8(a) award; only certified/eligible 8(a) participants qualify.
Another pitfall is treating 8(a) awards as direct agency-to-contractor awards without SBA involvement, which can create compliance problems.
Because both sole-source and competitive 8(a) awards are allowed, acquisition planning must address which path is available and document the basis for that choice.
For contractors, the key operational issue is that the award may be made to SBA rather than directly to the firm, so the program’s administrative structure matters as much as the contract terms.
Official Regulatory Text
Contracts may be awarded to the Small Business Administration (SBA) for performance by eligible 8(a) participants on either a sole source or competitive basis. (See subpart 19.8 .)