How does the “logical follow-on” exception apply when an 8(a) company has graduated from its 8(a) status?
The answer to this question is two-fold. First, an 8(a) GWAC contract remains valid until the awardee is required to re-certify its 8(a) or small business size status. A firm may have exited the 8(a) program during the contract period and still hold a valid 8(a) contract. Secondly, the logical follow-on exception to fair opportunity applies when a contracting officer has originally competed an order under a multiple award contract, and then wants to issue an order to the same firm, for the same requirement, serving the same client, on a sole source basis (use of the follow on authority must be reasonable and documented.) Orders under 8(a) STARS that are issued on a sole source basis are done so under the statutory direct order authority for 8(a) procurements granted by the Small Business Act and therefore are not eligible for the logical follow on exception, but those that were competed are. In addition, the logical follow-on exception may only be used once.
