samsearch
    Platform
    01InfluenceShape the requirement before it's on your competitor's radar.
    Signal
    Recompete window opens in 42 days
    Facilities maintenance IDIQ$8.4M
    Forecast
    Agency spend up 18% next FY
    DoD facilitiesQ3 window
    02CaptureFind and qualify the work across every market.
    Federal91%
    Network engineering support — GSA MAS
    GSA541512
    SLED88%
    Custodial services — Fairfax County Public Schools
    K-12561720
    DIBBS79%
    Aircraft hydraulic fitting — DLA Aviation
    DLANSN 5330
    03AnalyzeExtract requirements and build the compliance matrix.
    Compliance matrix
    L.2.1Technical approachVol I
    L.3.4Staffing planVol I
    M.1Past performanceEvaluated
    SOW breakdown
    Requirements extracted38
    Mapped to Section L/M38
    Every extractionCited
    Ask Sammy
    “Do we meet the small business set-aside?”
    04ManageRun the pursuit through to award.
    Pipeline
    QualifyFacilities support · USACE
    CaptureComms upgrade · DLA
    ProposalShipyard dredging · NAVSEA
    PriyaAlex
    This week
    Submit past performance refsThu
    Confirm subK teamingFri
    Upload SF 33Mon
    05RespondDraft and submit your response.
    Drafting · Volume I
    247 words
    RFI response
    CompanyAcme Robotics LLC
    UEIJK4M8…
    Capability narrativeDrafted
    06FinanceGet paid faster on what you win.
    Capital available
    $2.4M against your award
    Facilities maintenance IDIQAwarded
    Partner matched
    LenderFederal Capital Partners
    Draw available$2.4M
    UnderwritingCleared
    The platform
    Influence
    Capture
    Analyze
    Manage
    Respond
    Finance
    One pipeline, six stages, start to award.
    See the whole platform
    Solutions
    By industry
    Tech & softwareSoftware and SaaS companies entering GovCon.Defense contractorsPrimes and subs in the defense industrial base.ConstructionBuilders bidding federal, state, and local work.CybersecuritySecurity vendors pursuing federal mandates.
    By team
    Capture managers & BDPipeline, qualification, and win strategy.Proposal teamsCompliance matrices and proposal drafting.Subcontractors & primesTeaming, subcontracting, and partner fit.
    By company size
    Small businessesSet-aside and small business contractors.EnterpriseLarge contractors running multiple pursuits.ConsultantsAdvisors and capture consultants.
    Browse all industries
    CustomersPricing
    ResourcesNew
    Learn
    AcademyCourses, guides, and playbooks.WebinarsLive sessions and recordings.DocsProduct documentation and setup guides.Implementation planOperational rollout guidance.
    Tools & data
    Free GovCon toolsCalculators, lookups, and more.Gov ExploreContracts, agencies, and NAICS codes.GovCon eventsConferences, training, and set-aside events.
    Latest blogIntroducing the New SamSearch: The Operating System for Government ContractingSamSearch has a new brand, a new site, and a new way of explaining what the platform actually does — the operating system for government contracting, organized around six stages instead of a single search box. Here's what changed and why.Read the post →
    All resources and tools
    Sign inRequest a demo
    Home/FAR Navigator/19/19.8/19.804/19.804-3

    FAR Navigator

    • 1Federal Acquisition Regulations System
    • 2Definitions of Words and Terms
    • 3Improper Business Practices and Personal Conflicts of Interest
    • 4Administrative and Information Matters
    • 5Publicizing Contract Actions
    • 6Competition Requirements
    • 7Acquisition Planning
    • 8Required Sources of Supplies and Services
    • 9Contractor Qualifications
    • 10Market Research
    • 11Describing Agency Needs
    • 12Acquisition of Commercial Products and Commercial Services
    • 13Simplified Acquisition Procedures
    • 14Sealed Bidding
    • 15Contracting by Negotiation
    • 16Types of Contracts
    • 17Special Contracting Methods
    • 18Emergency Acquisitions
    • 19Small Business Programs
      • 19.000Scope of part.
      • 19.001Definitions.
      • 19.1Subpart 19.1
      • 19.2Subpart 19.2
      • 19.3Subpart 19.3
      • 19.4Subpart 19.4
      • 19.5Subpart 19.5
      • 19.6Subpart 19.6
      • 19.7Subpart 19.7
      • 19.8Subpart 19.8
        • 19.800General.
        • 19.801[Reserved]
        • 19.802Determining eligibility for the 8(a) program.
        • 19.803Selecting acquisitions for the 8(a) Program.
        • 19.804Evaluation, offering, and acceptance.
          • 19.804-1Agency evaluation.
          • 19.804-2Agency offering.
          • 19.804-3SBA acceptance.
          • 19.804-4Repetitive acquisitions.
          • 19.804-5Basic ordering agreements and blanket purchase agreements.
          • 19.804-6Indefinite delivery contracts.
        • 19.805Competitive 8(a).
        • 19.806Pricing the 8(a) contract.
        • 19.807Estimating fair market price.
        • 19.808Contract negotiation.
        • 19.809Preaward considerations.
        • 19.810SBA appeals.
        • 19.811Preparing the contracts.
        • 19.812Contract administration.
        • 19.813Protesting an 8(a) participant's eligibility or size status.
        • 19.814Requesting a formal size determination (8(a) sole source requirements).
        • 19.815Release and notification requirements for non-8(a) procurement.
        • 19.816Exiting the 8(a) program.
    • 22Application of Labor Laws to Government Acquisitions
    • 23Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace
    • 24Protection of Privacy and Freedom of Information
    • 25Foreign Acquisition
    • 26Other Socioeconomic Programs
    • 27Patents, Data, and Copyrights
    • 28Bonds and Insurance
    • 29Taxes
    • 30Cost Accounting Standards Administration
    • 31Contract Cost Principles and Procedures
    • 32Contract Financing
    • 33Protests, Disputes, and Appeals
    • 34Major System Acquisition
    • 35Research and Development Contracting
    • 36Construction and Architect-Engineer Contracts
    • 37Service Contracting
    • 38Federal Supply Schedule Contracting
    • 39Acquisition of Information Technology
    • 40Reserved
    • 41Acquisition of Utility Services
    • 42Contract Administration and Audit Services
    • 43Contract Modifications
    • 44Subcontracting Policies and Procedures
    • 45Government Property
    • 46Quality Assurance
    • 47Transportation
    • 48Value Engineering
    • 49Termination of Contracts
    • 50Extraordinary Contractual Actions and the Safety Act
    • 51Use of Government Sources by Contractors
    • 52Solicitation Provisions and Contract Clauses
    • 53Forms
    Up to 19.804
    subsectionUpdated April 16, 2026

    FAR 19.804-3—SBA acceptance.

    Plain-English Summary

    FAR 19.804-3 explains how SBA decides whether to accept a requirement into the 8(a) program and what happens after the contracting office sends an offering letter. It covers SBA’s acceptance timelines for actions above and at or below the simplified acquisition threshold, the contracting office’s ability to treat silence as acceptance in certain cases, and the process for extending or escalating a delayed response. It also addresses SBA’s review of the NAICS code assigned by the contracting officer, including when SBA will defer to a reasonable code and what happens if SBA and the contracting officer cannot agree. Finally, it covers sole-source 8(a) awards, including SBA’s role in matching a requirement to a specific participant or selecting a participant when none is nominated, SBA’s authority to negotiate directly or delegate contract execution, and special rules for joint ventures and construction requirements. In practice, this section is important because it controls when a requirement is officially in the 8(a) program, who may negotiate the award, how disputes over NAICS codes are handled, and how SBA chooses or approves the 8(a) participant for sole-source work.

    Key Rules

    SBA acceptance is required

    After the contracting office submits an offering letter, SBA decides whether to accept the requirement into the 8(a) program. Acceptance is the gateway to 8(a) award procedures, so the requirement is not fully in the program until SBA acts or the rules allow the contracting office to proceed as if accepted.

    Strict response deadlines apply

    SBA must respond in writing within 10 working days for requirements likely to exceed the simplified acquisition threshold and within 2 working days for requirements at or below that threshold. The contracting office may grant an extension if SBA requests one.

    Silence can mean acceptance

    For requirements above the simplified acquisition threshold, if SBA does not respond within 10 working days, the contracting office may elevate the matter to the Associate Administrator for Business Development and may treat the requirement as accepted if no reply is received within 5 calendar days after that request. For requirements at or below the simplified acquisition threshold, the contracting office may assume acceptance after 2 working days and proceed with award.

    SBA reviews the NAICS code

    As part of acceptance, SBA reviews the NAICS code assigned by the contracting officer. SBA will not object if the code is reasonable, even if another code could also be reasonable, but disagreement can lead to refusal to accept the requirement or further appeal procedures.

    NAICS disputes have appeal paths

    If SBA and the contracting officer cannot agree on the NAICS code, SBA may refuse acceptance, appeal the contracting officer’s determination to the head of the agency under FAR 19.810, or appeal the NAICS designation to SBA’s Office of Hearings and Appeals under 13 CFR part 134, subpart C.

    Sole-source awards require SBA coordination

    For sole-source 8(a) awards, SBA decides whether to participate in negotiations or authorize the contracting officer to negotiate directly with the identified participant. If SBA has delegated contract execution authority to the agency, SBA identifies that delegation in the acceptance letter.

    SBA must confirm eligibility and match

    When the contracting officer nominates a specific participant, SBA determines whether an appropriate match exists and normally accepts the procurement for that participant if the participant meets the applicable eligibility requirements. If no appropriate match exists, SBA notifies the parties and may nominate an alternate participant.

    SBA selects the participant when none is nominated

    If the contracting officer does not nominate a participant for a sole-source 8(a) award, SBA selects among two or more eligible and qualified participants based on business development needs, competitive business mix, financial condition, management ability, technical capability, and equitable distribution of 8(a) contracts.

    Joint ventures need prior approval

    For sole-source awards involving a joint venture, SBA determines eligibility as part of acceptance and must approve the joint venture agreement before award in accordance with 13 CFR 124.513(e). Construction requirements also have special selection rules under 13 CFR 124.503(d)(1).

    Responsibilities

    Contracting Officer

    Submit the offering letter to SBA, assign a reasonable NAICS code, and manage the acceptance timeline. The contracting officer may grant an SBA-requested extension, may treat silence as acceptance in the circumstances allowed by the rule, may seek escalation to the Associate Administrator for Business Development, and must coordinate with SBA on sole-source awards, participant nomination, and any joint venture or construction-specific requirements.

    SBA

    Decide whether to accept the requirement into the 8(a) program, respond within the required timeframes, review the NAICS code, and either accept, refuse, or escalate issues as appropriate. For sole-source awards, SBA must determine whether an appropriate match exists, decide whether to negotiate directly or authorize agency negotiation, select a participant when none is nominated, and approve joint venture agreements before award when required.

    8(a) Participant

    Meet the eligibility and compliance requirements applicable to the proposed sole-source award, including the requirements referenced in 13 CFR 124.503(c)(1). If nominated, the participant must be able to support SBA’s acceptance decision and proceed through negotiation and award if selected.

    Associate Administrator for Business Development

    Serve as the escalation point when SBA does not respond to an offering letter for a requirement exceeding the simplified acquisition threshold. A timely response from this office determines whether the contracting office may assume SBA acceptance after the escalation request.

    Head of the Agency

    Consider an SBA appeal of the contracting officer’s NAICS code determination when SBA and the contracting officer cannot agree on the code designation.

    SBA Office of Hearings and Appeals

    Hear appeals of NAICS code designations under 13 CFR part 134, subpart C, when SBA chooses that route to resolve the dispute.

    Practical Implications

    1

    This section is largely about timing and documentation: missing the response window can change whether the contracting office may move forward, so both SBA and the agency need tight calendar control.

    2

    A reasonable NAICS code is usually defensible, but it should still be carefully selected and documented because a code dispute can delay acceptance or trigger appeals.

    3

    For sole-source 8(a) awards, the contracting officer cannot assume the named participant will be accepted without SBA’s match review and eligibility confirmation.

    4

    If no participant is nominated, SBA—not the contracting officer—controls participant selection, and the selection may be driven by business development and equitable distribution considerations, not just technical fit.

    5

    Joint ventures and construction requirements add extra approval and selection steps, so contracting teams should build in time for SBA review before award.

    Official Regulatory Text

    (a) Upon receipt of the contracting office's offering letter, SBA will determine whether to accept the requirement for the 8(a) program. SBA’s decision whether to accept the requirement will be transmitted to the contracting office in writing within 10 working days of receipt of the offer if the contract is likely to exceed the simplified acquisition threshold and within two working days of receipt if the contract is at or below the simplified acquisition threshold. The contracting office may grant an extension of these time periods, if requested by SBA. (1) For acquisitions exceeding the simplified acquisition threshold, if SBA does not respond to an offering letter within ten working days, the contracting office may seek SBA’s acceptance through the Associate Administrator for Business Development. The contracting office may assume that SBA has accepted the requirement into the 8(a) program if it does not receive a reply from the Associate Administrator for Business Development within five calendar days of receipt of the contracting office's request. (2) For acquisitions not exceeding the simplified acquisition threshold, when the contracting office makes an offer to the 8(a) program on behalf of a specific 8(a) participant and does not receive a reply to its offering letter within two working days, the contracting office may assume the offer is accepted and proceed with award of an 8(a) contract. (b) As part of the acceptance process, SBA will review the appropriateness of the NAICS code designation assigned to the requirement by the contracting officer. (1) SBA will not challenge the NAICS code assigned to the requirement by the contracting officer if it is reasonable, even though other NAICS codes may also be reasonable. (2) If SBA and the contracting officer are unable to agree on a NAICS code designation for the requirement, SBA may refuse to accept the requirement for the 8(a) program, appeal the contracting officer's determination to the head of the agency pursuant to 19.810 , or appeal the NAICS code designation to the SBA Office of Hearings and Appeals under subpart C of 13 CFR part 134 . (c) Sole source 8(a) awards . If an appropriate match exists, SBA will advise the contracting officer whether it will participate in contract negotiations or whether SBA will authorize the contracting officer to negotiate directly with the identified 8(a) participant. Where SBA has delegated its contract execution functions to a contracting agency, SBA will also identify that delegation in its acceptance letter. For a joint venture, SBA will determine eligibility as part of its acceptance of a sole-source requirement and will approve the joint venture agreement prior to award in accordance with 13 CFR 124.513(e) . (1) Sole source award where the contracting officer nominates a specific 8(a) participant. SBA will determine whether an appropriate match exists where the contracting officer identifies a particular participant for a sole source award. (i) Once SBA determines that a procurement is suitable to be accepted as an 8(a) sole source contract, SBA will normally accept it on behalf of the 8(a) participant recommended by the contracting officer, provided that the 8(a) participant complies with the requirements of 13 CFR 124.503(c)(1) . (ii) If an appropriate match does not exist, SBA will notify the 8(a) participant and the contracting officer, and may then nominate an alternate 8(a) participant. (2) Sole source award where the contracting officer does not nominate a specific 8(a) participant. When a contracting officer does not nominate an 8(a) participant for performance of a sole source 8(a) contract, SBA will select an 8(a) participant for possible award from among two or more eligible and qualified 8(a) participants. The selection will be based upon relevant factors, including business development needs, compliance with competitive business mix requirements (if applicable), financial condition, management ability, technical capability, and whether award will promote the equitable distribution of 8(a) contracts. (For construction requirements see 13 CFR 124.503(d)(1) ).

    Back to 19.804FAR Navigator
    samsearch

    The Complete AI Platform for Government Contracting

    Platform
    • Product
    • Pricing
    • ROI calculator
    • Integrations
    • Changelog
    Solutions
    • Solutions
    • Customers
    • Comparisons
    • Market watch
    Resources
    • Blog
    • Free GovCon tools
    • Glossary
    • Docs
    Company
    • API & partnerships
    • Careers
    • Support
    • Compliance
    • Trust centre
    • Contact
    Recognised & verified
    SOC 2 Type II Compliant, SamSearchAWS Partner - Advanced, SamSearch on AWS MarketplaceGartner Peer Insights Customer First, SamSearch
    Ask AI about samsearch
    Ask ChatGPTAsk ClaudeAsk Perplexity
    Follow

    © 2026 samsearch. All rights reserved.

    Terms of usePrivacy policy