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10/18/2011. 2. Interim Final Rule. Effective as of May 5, 2004Implements Section 308 of the Veterans Benefits Act of 2003 (Public Law 108-183)Establishes a Procurement Program for Small Business Concerns Owned and Controlled by Service-Disabled Veterans. . 10/18/2011. 3. Service-Disabled Veteran-Owned Small Business Set-Asides.
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1. 10/18/2011 1 Service-Disabled Veteran-Owned Small Business Concern Program U.S. Small Business Administration
Office of Veterans Business Development
2. 10/18/2011 2
3. 10/18/2011 3 Service-Disabled Veteran-Owned Small Business Set-Asides A Contracting Officer (CO) may set-aside
acquisitions for Service-Disabled Veteran-Owned
(SDVO) Small Business Concerns (SBC) if:
The requirement is determined to be excluded from
fulfillment through award to Federal Prison Industries; Javits Wagner-O’Day; Orders under Indefinite Delivery Contracts; Orders against Federal Supply Schedules; Requirements currently being performed by 8(a) participants; Requirements for commissary or exchange resale items;
The requirement is not currently being performed by an 8(a) participant, and unless SBA has consented to release of the requirement from the Section 8(a) Program; and
4. 10/18/2011 4 Service-Disabled Veteran-Owned Small Business Set-Asides SBA has not accepted the requirement for performance under the 8(a) authority, unless SBA has consented to release of the requirement from the Section 8(a) Program;
There is a reasonable expectation that at least two responsible SDVO SBCs will submit offers; and
The award can be made at a fair market price
5. 10/18/2011 5 Service-Disabled Veteran-Owned Small Business Sole Source Contracts A CO may award a sole source contract to an SDVO
SBC if the CO determines that none of the SDVO
SBC set-aside exemptions or provisions apply and
the anticipated award price of the contract,
including options, will not exceed:
$5.0M for manufacturing requirements
$3.0M for all other requirements
The SDVOB is a responsible contractor able to perform the contract
Award can be made at a fair and reasonable price
6. 10/18/2011 6 Service-Disabled Veteran-Owned Small Business Simplified Acquisition Contracts If a requirement is at or below the simplified
acquisition threshold, a CO may set-aside
the requirement for consideration among
SDVO SBCs using simplified acquisition
procedures or may award a sole source
contract to an SDVO SBC
7. 10/18/2011 7 Protests Concerning Service-Disabled Veteran-Owned Small Business Concerns For Sole Source Procurements:
SBA or the CO may protest service-disabled veteran status
For Competitive Set-Asides
Any interested party may protest service-disabled veteran status
8. 10/18/2011 8 SBA’s Associate Administrator for Government Contracting Will Consider the Following Grounds for Filing an SDVO SBC Protest Service-connected disability or veteran status:
Protests alleging that the owner(s) cannot provide documentation from the U.S. Departments of Veterans Affairs or Defense showing that they meet the definition of service-disabled veteran set forth in FAR Part 2.101, Definitions
9. 10/18/2011 9 SBA’s Associate Administrator for Government Contracting Will Consider the Following Grounds for Filing an SDVO SBC Protest
Ownership and Control:
Credible evidence indicating that a concern is not 51% owned and controlled by one or more service-disabled veteran