Business Utilization and Development Memorandum (BUDM) 02-02
Using the 8(a) Program to Acquire A/E Services
D-7800
ACM-1.10
To: Regional Director, P.N., MP, LC, UC, GP
Attention: PN-3702, PN-3703, MP-825, LC-3103, UC-458, GP-3800
Director, Administrative Service Center
Attention: D-2945
Director, Management Services
Attention: D-7810
From: Ron Simonich
Manager, Business & Economic Development Program
Subject: Business Utilization and Development Memorandum (BUDM) 02-02
Using the 8(a) Program to Acquire A/E Services
1. Purpose: To provide SBA's interpretation of appropriate procedures for the acquisition of A/E services under the 8(a) program.
2. Effective date: March 1, 2002.
3. Expiration date: Until canceled or superseded.
4. Background: Section 543 of the Brooks Architect-Engineer Act, Public Law 92-582, as amended, provides in part that agencies must hold discussions with no less than three firms regarding anticipated concepts and relative utility of alternative methods of approach for furnishing the required services and must select therefrom, in order of preference, based upon the criteria established by the CO, no less than three of the firms deemed to be the most highly qualified to provide the services required.
5. Explanation of changes: SBA has advised that contracting for A/E services through the 8(a) program does not eliminate the need for complying with the Brooks Architect-Engineer Act. If an SBA office provides the CO with the name of only one A/E firm for negotiation through the 8(a) program, the CO should contact that SBA office and ask that they provide the names of at least three A/E firms for consideration, the intent being to satisfy the Brooks Act requirement that the most qualified firm be selected.
6. Action required: Regional acquisition offices should distribute this BUDM as appropriate.
7. Point-of-contact: Ron Simonich, (303) 445-2447.