The 8(a) STARS contracts were awarded under the provisions of Section 8(a) of the Small Business Act (15 U.S.C. 637(a)) and FAR part 19.8. Based upon the statutory authority for directed (sole-source) 8(a) awards to be placed at or below the $3 million competition threshold, the contracting officer may waive and can easily document the competition waiver for orders at or below the competition threshold placed against the 8(a) STARS contracts. However, the competition requirements of DFARS 216.505-70 are still applicable for orders above the competition threshold for 8(a) contracts unless the contracting officer waives this requirement on the basis of a written determination that - (1) one of the exceptions described in FAR 16.505(b)(2)(i) through (iv) applies to the order; or (2) a statute expressly authorizes or requires that the purchase be made from a specified source. The GSA Office of Governmentwide Policy has determined that directed orders at or below the competitive threshold placed against the 8(a) STARS contracts meet the qualification for exception to competition outlined in Section 803 of the 2002 National Defense Authorization Act.
