After 30+ years in government contracting, I was surprised to learn that a rule I had followed—and taught others—was never actually in the law.
“Once an 8(a), always an 8(a)” isn’t real.
Under 15 U.S.C. § 637(a) and 13 CFR Part 124:
- Agencies decide whether to offer a requirement to SBA
- SBA decides whether to accept a specific procurement
- SBA’s role applies only to that accepted action
This myth likely came from a real rule being overgeneralized:
Contracting officers cannot remove an active 8(a) procurement without SBA concurrence.
Over time, that procurement-specific rule evolved into the mistaken belief that the requirement itself must stay in 8(a) forever.
That requirement never applied to:
- Follow-on acquisitions
- Later requirements that were similar
- Recompetitions after contract expiration
Practice turned into folklore, and folklore turned into “the rule.”
It’s important to look at what the regulations actually say—and have always said. SBA regulations (13 CFR Part 124) have long been clear on one important point:
- Each procurement is a separate decision
- Acceptance is procurement-specific, not requirement-permanent
- There is no regulation saying future buys must remain in 8(a).
FAR Part 19 reinforces this framework:
FAR 19.800–19.804 covers offering and accepting procurements, while FAR 19.815 and 13 CFR 124.504(d) make clear that SBA concurrence is required only to release an active 8(a) procurement.
Once a contract is completed, there is no requirement to re-offer it to SBA or remain in the 8(a) program. SBA concurrence protects the agency’s role only during the life of that accepted procurement—it does not give SBA permanent ownership of the requirement.
GAO decisions generally reinforce that program selection remains an agency discretion—not an SBA mandate.
This rule has been stable for decades.
Of course, an agency always has the discretion to keep the requirement within the 8(a) program. I am not advocating for removing contracts from the 8(a) program just because you can.
Bottom line:
- 8(a) participation is procurement-specific
- There is no “once in, always in” rule
- Follow-on strategies remain agency discretion
Why This Matters:
- Agencies have flexibility in acquisition strategy
- Incumbent 8(a)s are not guaranteed follow-on work
- Contractors should track recompete strategies early
I spent years teaching this incorrectly—consider this my correction.
It’s a good reminder: even long-standing “rules” are worth checking against the actual statute and regulations.
