Effective Date: 10/01/2026 (See HHSAR CD 2026-23)
Subpart 319.1 – Presolicitation
319.102 Coordination.
319.108 HHS Contracting With the Small Business Administration (the 8(a) Program).
319.108-1 General.
319.108-70 Contract clause – HHS and SBA Partnership Agreement.
Subpart 319.2 [Reserved]
Subpart 319.1 – Presolicitation
319.102 Coordination.
(a) The Director, Office of Small and Disadvantaged Business Utilization (see https://www.hhs.gov/about/agencies/asfr/acquisition/osdbu/index.html), is responsible for the implementation and execution of programs to assist all categories of small businesses as required by the Small Business Act.
319.108 HHS Contracting With the Small Business Administration (the 8(a) Program).
319.108-1 General.
(d) HHS and the Small Business Administration (SBA) have a Partnership Agreement delegating the SBA’s contract execution and administrative functions to HHS. Contracting officers must follow the alternate procedures in the Partnership Agreement and this section, as applicable, to award an 8(a) contract. In the event the Partnership Agreement ceases to be in effect, contracting officers must follow the policies and procedures in FAR part 19.
319.108-70 Contract clause – HHS and SBA Partnership Agreement.
(a) Insert the clause at 352.219-72, HHS Section 8(a) Award, in lieu of the clause at 52.219-17, Section 8(a) Award, in competitive solicitations and contracts when the acquisition is accomplished using the procedures of 19.208-1 and in sole source awards which utilize the alternative procedure in 19.208-7(a)(3).
(b) When the clause at 52.219-18, Notification of Competition Limited to Eligible 8(a) Participants, as prescribed by FAR 19.108-10(d), is included in competitive solicitations and contracts, use the clause at 352.219-72 with its Alternate I.