FAR 19.811-1—Sole source.
Plain-English Summary
FAR 19.811-1 explains how to prepare and execute sole-source 8(a) awards when the Small Business Administration (SBA) is the prime contractor and the 8(a) participant is the intended performer. It covers the required contract format, the use of Standard Form 26 or SF 1442 for construction, how the contracting officer must draft the contract as if it were being awarded directly to the 8(a) participant, and the special authority citation for other-than-full-and-open competition under 41 U.S.C. 3304(a)(5) or 10 U.S.C. 3204(a)(5). It also addresses the clauses and signature blocks needed to show the legal relationship is between the SBA and the 8(a) contractor, the SBA’s role in inserting its contract number and signing the document, and the requirement for the SBA to obtain the 8(a) contractor’s signature before returning the contract. In addition, it allows a single tripartite contract document in lieu of separate prime and subcontract documents, except where SBA advance payments are involved, and it extends that alternative to simplified acquisitions using the appropriate simplified acquisition forms. In practice, this section is about making sure the paperwork matches the unique 8(a) contracting structure, avoids enforceability problems, and clearly documents the roles of the agency, SBA, and 8(a) participant.
Key Rules
Prepare as a normal contract
The agency must draft the contract in the same detail and under the same procedures it would use for a contract with a business concern. This means the 8(a) sole-source nature does not reduce the need for a complete, properly structured contract package.
Use the correct award form
The contracting officer must use SF 26 for most awards, and SF 1442 for construction contracts as required by FAR 36.701(a). The form choice must match the type of acquisition.
Draft as if direct award
The contract the SBA will award to the 8(a) participant must be prepared as though the agency were awarding directly to the 8(a) participant, except for the special 8(a)-specific changes listed in the rule. This keeps the contract terms aligned with the actual performance arrangement.
Cite sole-source authority
The award form must cite 41 U.S.C. 3304(a)(5) or 10 U.S.C. 3204(a)(5), as appropriate, as the authority for using other than full and open competition. This citation documents the legal basis for the sole-source 8(a) award.
Identify SBA as prime
Appropriate clauses must be included to reflect that the contract is between the SBA and the 8(a) contractor, not directly between the agency and the 8(a) participant. The document must also include the SBA contract number, effective date, typed name of the SBA contracting officer, signature, and date signed.
Obtain 8(a) signature first
The SBA must obtain the 8(a) contractor’s signature before the SBA signs and returns the prime contract to the contracting officer. SBA is expected to make every effort to return the signed contract, and any later bilateral modification, within 10 working days.
Single-document option
For most acquisitions, the contracting officer may use one contract document that serves as both the agency-SBA prime contract and the SBA-8(a) subcontract, provided it contains the required authority citation, clauses, and signature blocks. The SF 26 or SF 1442 blocks are marked with asterisks and a continuation sheet is used as a tripartite agreement.
Advance payments exception
The single-document procedure is not available where SBA will make advance payments to its 8(a) contractor. In those cases, the contracting officer must use the separate-document process.
Simplified acquisition flexibility
For acquisitions at or below the simplified acquisition threshold, the contracting officer may use the single-document alternative with the appropriate simplified acquisition forms. The same basic 8(a) documentation requirements still apply.
Responsibilities
Contracting Officer
Prepare the contract in accordance with agency procedures and in full detail; choose the correct award form; cite the proper sole-source authority; include clauses showing the SBA-8(a) relationship; use either the separate-document process or the single-document tripartite format as permitted; and ensure the contract package is ready for SBA and 8(a) signatures.
SBA Contracting Officer
Insert the SBA contract number, effective date, typed name, signature, and date on the prime contract; obtain the 8(a) contractor’s signature before signing; sign and return the contract to the agency contracting officer; and make every effort to return the contract and any bilateral modification within 10 working days.
8(a) Contractor
Review and sign the contract or modification before SBA signs and returns it; perform in accordance with the contract once executed; and participate in the tripartite agreement when the single-document method is used.
Agency
Follow agency procedures for contract preparation and execution; ensure the acquisition file supports the 8(a) sole-source award; and use the proper form and structure for construction, simplified acquisitions, or standard awards as applicable.
Practical Implications
This section is mainly about paperwork accuracy: if the contract does not clearly show the SBA as prime and the 8(a) participant as performer, the award package can be defective or delayed.
The 10-working-day return expectation means agencies should plan for SBA and contractor signature time, especially when award schedules are tight or when a bilateral modification is needed later.
Using the wrong form is a common mistake: SF 26 is the default, but construction requires SF 1442, and simplified acquisitions may use the appropriate simplified forms with the same 8(a) structure.
The single-document option can simplify administration, but only if the contract is not one where SBA will make advance payments; that exception is easy to overlook.
Contracting officers should verify that the authority citation, clauses, and signature blocks all match the 8(a) arrangement, because the contract is legally between SBA and the 8(a) contractor even though the agency is the procuring activity.
Official Regulatory Text
(a) The contract to be awarded by the agency to the SBA shall be prepared in accordance with agency procedures and in the same detail as would be required in a contract with a business concern. The contracting officer shall use the Standard Form 26 as the award form, except for construction contracts, in which case the Standard Form 1442 shall be used as required in 36.701 (a). (b) The contracting officer shall prepare the contract that the SBA will award to the 8(a) participant in accordance with agency procedures, as if awarding the contract directly to the 8(a) participant, except for the following: (1) The award form shall cite 41 U.S.C. 3304(a)(5) or 10 U.S.C. 3204(a)(5) (as appropriate) as the authority for use of other than full and open competition. (2) Appropriate clauses shall be included, as necessary, to reflect that the contract is between the SBA and the 8(a) contractor. (3) The following items shall be inserted by the SBA: (i) The SBA contract number. (ii) The effective date. (iii) The typed name of the SBA’s contracting officer. (iv) The signature of the SBA’s contracting officer. (v) The date signed. (4) The SBA will obtain the signature of the 8(a) contractor prior to signing and returning the prime contract to the contracting officer for signature. The SBA will make every effort to obtain signatures and return the contract, and any subsequent bilateral modification, to the contracting officer within a maximum of 10 working days. (c) Except in procurements where the SBA will make advance payments to its 8(a) contractor, the agency contracting officer may, as an alternative to the procedures in paragraphs (a) and (b) of this subsection, use a single contract document for both the prime contract between the agency and the SBA and its 8(a) contractor. The single contract document shall contain the information in paragraphs (b) (1), (2), and (3) of this subsection. Appropriate blocks on the Standard Form (SF) 26 or 1442 will be asterisked and a continuation sheet appended as a tripartite agreement which includes the following: (1) Agency acquisition office, prime contract number, name of agency contracting officer and lines for signature, date signed, and effective date. (2) The SBA office, the SBA contract number, name of the SBA contracting officer, and lines for signature and date signed. (3) Name and lines for the 8(a) subcontractor’s signature and date signed. (d) For acquisitions not exceeding the simplified acquisition threshold, the contracting officer may use the alternative procedures in paragraph (c) of this subsection with the appropriate simplified acquisition forms.