Division of Responsibilities Between SBA and Procuring Agencies in Evaluating Proposals and Negotiating Section 8(a) Contracts Over $100,000

PLRD-83-14: Published: Nov 12, 1982. Publicly Released: Nov 12, 1982.

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GAO reported on its Office of General Counsel (OGC) review of the contracting responsibilities under the Small Business Administration Section 8(a) contracts valued over $100,000 and awarded by the Forest Service.

GAO found that: (1) none of the contracts contained defective pricing or audit clauses; (2) none of the contract files contained negotiation memorandums; (3) none of the contract proposals received preaward contract audits; (4) two contract files did not contain certificates of current cost or pricing data; and (5) one contract was negotiated without written cost or pricing data. Although the Forest Service states that these requirements do not apply to their 8(a) negotiated contracts, OGC maintains that they are the responsibility of the procuring agency's contracting officers for 8(a) contracts valued over $100,000 and that failure to review these items constitutes a violation of Federal procurement regulations.

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