Low RiskFARSmall Business

52.219-12Special 8(a) Subcontract Conditions.

Researched by the BidStride Research Team

What This Clause Requires

FAR 52.219-12 — Special 8(a) Subcontract Conditions.. This clause is part of the Federal Acquisition Regulation and may be included in government contracts as a solicitation provision or contract clause.

Official Regulation Text

52.219-12 Special 8(a) Subcontract Conditions. As prescribed in 19.811-3(b), insert the following clause: Special 8( a ) Subcontract Conditions (OCT 2019) (a) The Small Business Administration (SBA) has entered into Contract No. ____ [ insert number of contract ] with the ____ [ insert name of contracting agency ] to furnish the supplies or services as described therein. A copy of the contract is attached hereto and made a part hereof. (b) The ____ [ insert name of subcontractor ], hereafter referred to as the subcontractor, agrees and acknowledges as follows: (1) That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract No. ___ [ insert number of contract ] for the consideration stated therein and that it has read and is familiar with each and every part of the contract. (2) That the SBA has delegated responsibility, except for novation agreements, for the administration of this subcontract to the ___ [ insert name of contracting agency ] with complete authority to take any action on behalf of the Government und_d conditions of this subcontract. (3) That it will notify the [ insert name of contracting agency ] Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party. (c) Payments, including any progress payments under this subcontract, will be made directly to the subcontractor by the ____ [ insert name of contracting agency ]. (End of clause) [48 FR 42478, Sept. 19, 1983, as amended at 54 FR 34757, Aug. 21, 1989; 54 FR 46009, Oct. 31, 1989; 55 FR 3889, Feb. 5, 1990; 55 FR 38518, Sept. 18, 1990; 61 FR 67422, Dec. 20, 1996; 82 FR 4731, Jan. 13, 2017; 84 FR 47864, Sept. 10, 2019]

Source: eCFR, 48 CFR 52.219-12 (https://www.ecfr.gov/current/title-48/section-52.219-12)

Compliance Checklist

    Flow-Down to Subcontractors

    Flow-down required

    This clause must be included in subcontracts with no subcontractors where the subcontractor will perform work covered by this clause. Typically appears in contract Section Section I.

    Frequently Asked Questions

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    This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.