FAR and DFARS › FAR Part 19: Small Business Programs › Subpart 19.8
FAR 19.808-1 Sole source.
The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.
In plain English
This section sets rules for sole-source 8(a) contracts. It limits SBA acceptance of sole-source 8(a) contracts over $30 million unless the agency completes a justification, and it requires SBA to initiate negotiations within the agency's time frame or the agency may proceed with other sources. It also requires the 8(a) participant to represent small business status and to be a current 8(a) program participant at award.
Applies to: SBA, contracting agencies, and 8(a) participants in sole-source 8(a) contracts
What it requires
- The requesting agency must complete a justification under 6.303 before SBA may accept a sole-source 8(a) contract exceeding $30 million for negotiation.
- The SBA must initiate negotiations with the agency within the time established by the agency.
- The 8(a) participant must represent that it is a small business under the size standard for the assigned NAICS code.
- The concern must be a current 8(a) program participant at the time of the sole-source award.
Key terms: sole-source 8(a) contract · justification · 8(a) participant · size standard · NAICS code
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
(a) The SBA may not accept for negotiation a sole-source 8(a) contract that exceeds $30 million unless the requesting agency has completed a justification in accordance with the requirements of 6.303.
(b) The SBA is responsible for initiating negotiations with the agency within the time established by the agency. If the SBA does not initiate negotiations within the agreed time and the agency cannot allow additional time, the agency may, after notifying the SBA, proceed with the acquisition from other sources.
(c) The SBA should participate, whenever practicable, in negotiating the contracting terms. When mutually agreeable, the SBA may authorize the contracting officer to negotiate directly with the 8(a) participant. Whether or not direct negotiations take place, the SBA is responsible for approving the resulting contract before award.
(d) An 8(a) participant must represent that it is a small business in accordance with the size standard corresponding to the NAICS code assigned to the contract.
(e) A concern must be a current participant in the 8(a) program at the time of an 8(a) sole-source award.
(f) An 8(a) participant owned by an Alaska Native Corporation, Indian Tribe, Native Hawaiian Organization, or Community Development Corporation may not receive an 8(a) sole-source award that is a follow-on contract to an 8(a) contract, if the predecessor contract was performed by another 8(a) participant (or former 8(a) participant) owned by the same Alaska Native Corporation, Indian Tribe, Native Hawaiian Organization, or Community Development Corporation (See 13 CFR 124.109 through 124.111).
← 19.808 Contract negotiation. · 19.808-2 Competitive. →
Rule changes for FAR Part 19
- Federal Acquisition Regulation: Inflation Adjustment of Acquisition-Related Thresholds ↗ · final rule 2025-08-27 · effective 2025-10-01
- Federal Acquisition Regulation: Small Business Participation on Certain Multiple-Award Contracts ↗ · proposed 2025-06-12
- Federal Acquisition Regulation: Small Business Participation on Certain Multiple-Award Contracts ↗ · proposed 2025-01-15 · comments due 2025-03-17
- Federal Acquisition Regulation: Subcontracting to Puerto Rican and Covered Territory Small Businesses ↗ · final rule 2025-01-03 · effective 2025-01-17
- Federal Acquisition Regulation: Rerepresentation of Size and Socioeconomic Status ↗ · final rule 2025-01-03 · effective 2025-01-17
- Federal Acquisition Regulation: Certification of Service-Disabled Veteran-Owned Small Businesses ↗ · final rule 2024-12-16 · effective 2024-12-16
- Federal Acquisition Regulation: Inflation Adjustment of Acquisition-Related Thresholds ↗ · proposed 2024-11-29 · comments due 2025-01-28
- Federal Acquisition Regulation; Technical Amendments ↗ · final rule 2024-08-29 · effective 2024-09-30
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.