FAR 19.815—Release and notification requirements for non-8(a) procurement.
Plain-English Summary
FAR 19.815 explains when a requirement that has already been accepted into the SBA 8(a) program may be moved out of 8(a) for a follow-on non-8(a) procurement, and what notice must be given when the agency plans to do so. It covers the general rule that follow-on requirements stay in 8(a) unless SBA releases them or a mandatory source applies, the written request and SBA concurrence process for release, the information that must be included in that request, and the special rule that release is generally tied to setting the requirement aside under another small business program. It also addresses when a contracting officer determines a requirement is actually a new requirement rather than a follow-on, and the required notices to the SBA District Office and SBA procurement center representative in that situation. In addition, it covers the notice required when the agency intends to use an existing limited competition vehicle for a follow-on requirement, and the separate notice process when a mandatory source will be used instead of 8(a). In practice, this section is about protecting SBA’s 8(a) program integrity, ensuring proper coordination before work leaves the program, and giving SBA visibility into agency acquisition decisions that affect incumbent 8(a) firms and future 8(a) opportunities.
Key Rules
Follow-ons stay in 8(a)
Once SBA accepts a requirement into the 8(a) program, any follow-on requirement generally remains in 8(a). The only exceptions are when SBA releases the requirement for a non-8(a) follow-on procurement or when a mandatory source applies.
SBA release is required
To move a follow-on requirement out of 8(a), the contracting officer must send a written request to the SBA Associate Administrator for Business Development and receive concurrence. This is the formal release process for non-8(a) procurement of a follow-on requirement.
Release request content
The written request must address whether the agency has met its small disadvantaged business, HUBZone, SDVOSB, WOSB, or small business goals, and whether the requirement is critical to the business development of the current 8(a) contractor. SBA uses this information to decide whether release is appropriate.
Release usually tied to set-aside
As a general rule, a requirement previously accepted into 8(a) will be released for procurement outside 8(a) only if the contracting activity agrees to set it aside under another small business program, such as small business, HUBZone, SDVOSB, or WOSB.
Task orders are treated differently
The release requirement does not apply to task or delivery orders offered to and accepted into 8(a) when the underlying basic contract was not accepted into 8(a). This is an important exception for order-level acquisitions under non-8(a) base contracts.
New requirement determination notice
If the contracting officer determines that a previously 8(a)-procured requirement is actually a new requirement, not a follow-on, the agency must notify the SBA District Office serving the incumbent 8(a) firm and the SBA procurement center representative. The notice must include the acquisition plan if available, the PWS/SOW/SOO, and the values of the existing and new requirements.
Limited competition vehicle notice
If a follow-on requirement will be placed on an existing limited competition vehicle that is not available to all 8(a) participants, and the prior 8(a) contract was available to all 8(a) participants, the contracting officer must notify the SBA District Office and the SBA procurement center representative. The notice must include the acquisition plan if available, the PWS/SOW/SOO, and the values of both contracts.
Mandatory source notice
When a mandatory source will be used for a follow-on requirement to an 8(a) contract, the contracting officer should send written notice to the SBA Associate Administrator for Business Development at least 30 days before the contract or order ends. The notice should include a written determination that the mandatory source will be used to satisfy the requirement.
Responsibilities
Contracting Officer
Determine whether a requirement is a follow-on or a new requirement, coordinate with SBA as required, submit written requests or notices, include the required acquisition documents and contract values, and ensure any move out of 8(a) follows the proper release or mandatory source process.
SBA Associate Administrator for Business Development
Review written requests to release follow-on requirements from the 8(a) program and provide concurrence or nonconcurrence. Also receive advance notice when a mandatory source will be used for a follow-on requirement.
SBA District Office
Receive written notice when the contracting officer determines a previously 8(a)-procured requirement is a new requirement or when a follow-on will be placed on a limited competition vehicle not available to all 8(a) participants.
SBA Procurement Center Representative
Receive the same written notices as the SBA District Office for new-requirement determinations and limited competition vehicle actions, or be bypassed only if no PCR is assigned and the agency follows the alternate coordination path in FAR 19.402(a).
Contracting Activity Agency
Decide whether to seek release from 8(a), whether to set aside the requirement under another small business program, and whether the requirement is critical to the incumbent 8(a) contractor’s business development. The agency’s goal status and acquisition strategy are part of the release analysis.
SBA 8(a) Incumbent Firm
No direct action is required by this section, but the firm is affected by whether the requirement is treated as a follow-on, a new requirement, or moved to another acquisition vehicle, because those decisions affect future work opportunities and business development.
Practical Implications
Contracting officers cannot simply decide to move a follow-on 8(a) requirement to full and open competition; they need SBA concurrence or a valid mandatory source basis. Skipping the release process is a common compliance error.
The distinction between a true follow-on and a new requirement matters a lot. If the agency misclassifies the requirement, it may trigger the wrong notice process or improperly bypass 8(a) protections.
The written request or notice must be specific and complete. Missing the acquisition plan, work statement, or contract values can delay SBA review and create protest or compliance risk.
Agencies should evaluate whether another small business set-aside is appropriate before seeking release, because release is generally expected to lead to a small business, HUBZone, SDVOSB, or WOSB set-aside rather than unrestricted competition.
When using a mandatory source, the 30-day advance notice is important. Late notice can disrupt procurement planning and may create schedule risk if the existing 8(a) contract is nearing expiration.
Official Regulatory Text
(a) Once a requirement has been accepted by SBA into the 8(a) program, any follow-on requirements (see definition at 13 CFR 124.3 ) shall remain in the 8(a) program unless— (1) SBA agrees to release the requirement from the 8(a) program for a follow-on, non-8(a) procurement in accordance with 13 CFR 124.504(d) (see paragraph (b) of this section); or (2) There is a mandatory source (see 8.002 or 8.003 ; also see paragraph (f) of this section). (b) To obtain release of a requirement for a follow-on, non-8(a) procurement, (other than a mandatory source listed at 8.002 or 8.003 ), the contracting officer shall make a written request to, and receive concurrence from, the SBA Associate Administrator for Business Development. (c) (1) The written request to the SBA Associate Administrator for Business Development shall indicate (i) Whether the agency has achieved its small disadvantaged business goal; (ii) Whether the agency has achieved its HUBZone, SDVOSB, WOSB, or small business goal(s); and (iii) Whether the requirement is critical to the business development of the 8(a) contractor that is currently performing the requirement. (2) Generally, a requirement that was previously accepted into the 8(a) program will only be released for procurements outside the 8(a) program when the contracting activity agency agrees to set aside the requirement under the small business, HUBZone, SDVOSB, or WOSB programs. (3) The requirement that a follow-on procurement must be released from the 8(a) program in order for it to be fulfilled outside the 8(a) program does not apply to task or delivery orders offered to and accepted into the 8(a) program, where the basic contract was not accepted into the 8(a) program. (d) (1) When a contracting officer decides that a requirement previously procured under the 8(a) program is a new requirement and not a follow-on requirement to an 8(a) contract(s), the contracting officer shall coordinate with and submit a written notice to the SBA District Office servicing the 8(a) incumbent firm and to the SBA procurement center representative (or, if a procurement center representative is not assigned, see 19.402 (a)) indicating that the agency intends to procure the requirement outside the 8(a) program (see 19.810 (a)(4)). (2) The written notice shall include a copy of the acquisition plan, if available; the performance work statement (PWS), statement of work (SOW), or statement of objectives (SOO) for the new contract requirement; and the values of the existing 8(a) contract(s) and the new contract requirement. (e) (1) When a contracting officer decides to procure a follow-on requirement to an 8(a) contract using an existing, limited competition contracting vehicle that is not available to all 8(a) participants, and the current or previous 8(a) contract was available to all 8(a) participants, the contracting officer shall coordinate with and submit a written notice to the SBA District Office servicing the 8(a) incumbent firm and to the SBA procurement center representative (or, if a procurement center representative is not assigned, see 19.402 (a)) indicating the intent to do so. (2) The written notice shall include a copy of the acquisition plan, if available; the PWS, SOW, or SOO for the new contract requirement; and the values of both contracts. (f) (1) When a mandatory source will be used for a follow-on requirement to an 8(a) contract, the contracting officer should submit a written notice to the SBA Associate Administrator for Business Development of the intent to do so at least 30 days prior to the end of the contract or order in accordance with 13 CFR 124.504(d)(4)(ii) . (2) The written notice should include a written determination that a mandatory source will be used to fulfill the requirement.