48 CFR 252.219-7009 - Section 8(a) direct award.
|Updated to:||December 2005|
TITLE 48 - FEDERAL ACQUISITION REGULATIONS SYSTEMCHAPTER 2 - DEFENSE ACQUISITION REGULATIONS SYSTEMS, DEPARTMENT OF DEFENSESUBCHAPTER H - CLAUSES AND FORMSPART 252 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES252.219 - 7009 - Section 8(a) direct award. As prescribed in 219.8113(1), use the following clause: Section 8(a) Direct Award (MAR 2002) (a) This contract is issued as a direct award between the contracting office and the 8(a) Contractor pursuant to the Partnership Agreement dated February 1, 2002, between the Small Business Administration (SBA) and the Department of Defense. Accordingly, the SBA, even if not identified in Section A of this contract, is the prime contractor and retains responsibility for 8(a) certification, for 8(a) eligibility determinations and related issues, and for providing counseling and assistance to the 8(a) Contractor under the 8(a) Program. The cognizant SBA district office is: ____________________ ____________________ ____________________ ____________________ [To be completed by the Contracting Officer at the time of award] (b) The contracting office is responsible for administering the contract and for taking any action on behalf of the Government under the terms and conditions of the contract; provided that the contracting office shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the contract.The contracting office also shall coordinate with the SBA prior to processing any novation agreement. The contracting office may assign contract administration functions to a contract administration office.(c) The 8(a) Contractor agrees that (1) It will notify the Contracting Officer, simultaneous with its notification to the SBA (as required by SBA's 8(a) regulations at 13 CFR 124.308), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern. Consistent with Section 407 of Pub. L. 100656, transfer of ownership or control shall result in termination of the contract for convenience, unless the SBA waives the requirement for termination prior to the actual relinquishing of ownership and control; and (2) It will not subcontract the performance of any of the requirements of this contract without the prior written approval of the SBA and the Contracting Officer.(End of clause) [63 FR 33588, June 19, 1998, as amended at 67 FR 11437, Mar. 14, 2002]