# 48 CFR § 852.219-72: 852.219-72 Notification of Section 8(a) Direct Award

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-48-852.219-72

## Section

- **Citation:** 48 CFR § 852.219-72
- **Heading:** 852.219-72 Notification of Section 8(a) Direct Award
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 48—Federal Acquisition Regulations System > CHAPTER 8—DEPARTMENT OF VETERANS AFFAIRS > SUBCHAPTER H—CLAUSES AND FORMS > PART 852—SOLICITATION PROVISIONS AND CONTRACT CLAUSES > Subpart 852.2—Text of Provisions and Clauses

## Text

As prescribed in 819.811-370, paragraph (a), insert the following clause:
Notification of Section 8(a) Direct Award (NOV 2022)
(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program. By submission of its offer, the Offeror represents that it is in good standing and that it meets all of the criteria for participation in the program in accordance with 13 CFR part 124.
(b) Any award resulting from this solicitation will be made directly by the Contracting Officer to the successful 8(a) offeror. Although SBA is not identified as such in the award form, SBA is still the Prime Contractor.
(c) This contract is issued as a direct award between the contracting activity and the 8(a) Contractor pursuant to the Partnership Agreement (PA) between the Small Business Administration (SBA) and the Department of Veterans Affairs.
(d) SBA retains responsibility for 8(a) certification, 8(a) eligibility determinations and related issues, and 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]
(e) The contracting activity is responsible for administering the contract and taking any action on behalf of the Government under the terms and conditions of the contract. However, the contracting activity 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 activity shall obtain SBA's approval prior to processing any novation agreement(s). The contracting activity may assign contract administration functions to a contract administration office.
(f) The Contractor agrees:
(1) To notify the Contracting Officer, simultaneous with its notification to SBA (as required by SBA's 8(a) regulations), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern.
(2) Consistent with 15 U.S.C. 637(a)(21), transfer of ownership or control shall result in termination of the contract for convenience, unless SBA waives the requirement for termination prior to the actual relinquishing of ownership and control.
(3) It will adhere to the requirements of 52.219-14, Limitations of Subcontracting and other requirements in 13 CFR part 124 and 13 CFR 125.6, as applicable
(g) Any proposed joint venture involving an 8(a) Participant must be approved by SBA before contracts are awarded.
(End of clause)
[87 FR 63011, Oct. 18, 2022]

## Nearby sections

- [48 CFR § 852.101-70 852.101-70 Using part 852.](https://www.frixlaw.com/law-library/statutes/ecfr-48-852.101-70.md)
- [48 CFR § 852.102 852.102 Incorporating provisions and clauses.](https://www.frixlaw.com/law-library/statutes/ecfr-48-852.102.md)
- [48 CFR § 852.201-70 852.201-70 Contracting Officer's Representative.](https://www.frixlaw.com/law-library/statutes/ecfr-48-852.201-70.md)
- [48 CFR § 852.203-70 852.203-70 Commercial Advertising.](https://www.frixlaw.com/law-library/statutes/ecfr-48-852.203-70.md)
- [48 CFR § 852.204-70 852.204-70 Personal Identity Verification of Contractor Personnel.](https://www.frixlaw.com/law-library/statutes/ecfr-48-852.204-70.md)
- [48 CFR § 852.204-71 852.204-71 Information and Information Systems Security.](https://www.frixlaw.com/law-library/statutes/ecfr-48-852.204-71.md)
- [48 CFR § 852.208-70 852.208-70 Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors—Orders or BPAs.](https://www.frixlaw.com/law-library/statutes/ecfr-48-852.208-70.md)
- [48 CFR § 852.208-71 852.208-71 Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factor Commitments—Orders and BPAs.](https://www.frixlaw.com/law-library/statutes/ecfr-48-852.208-71.md)
- [48 CFR § 852.209-70 852.209-70 Organizational Conflicts of Interest.](https://www.frixlaw.com/law-library/statutes/ecfr-48-852.209-70.md)
- [48 CFR § 852.211-70 852.211-70 Equipment Operation and Maintenance Manuals.](https://www.frixlaw.com/law-library/statutes/ecfr-48-852.211-70.md)
- [48 CFR § 852.211-72 852.211-72 Technical Industry Standards.](https://www.frixlaw.com/law-library/statutes/ecfr-48-852.211-72.md)
- [48 CFR § 852.211-76 852.211-76 Liquidated Damages—Reimbursement for Data Breach Costs.](https://www.frixlaw.com/law-library/statutes/ecfr-48-852.211-76.md)
- [48 CFR § 852.212-71 852.212-71 Gray Market and Counterfeit Items.](https://www.frixlaw.com/law-library/statutes/ecfr-48-852.212-71.md)
- [48 CFR § 852.212-72 852.212-72 Gray Market and Counterfeit Items—Information Technology Maintenance Allowing Other-than-New Parts.](https://www.frixlaw.com/law-library/statutes/ecfr-48-852.212-72.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-48-852.219-72. Check the current official text before relying on it. Not legal advice.
