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Procurement Preferences for Small Business Concerns Owned and Controlled by Service Disabled Veterans

On October 21, 2004, President George W. Bush signs an Executive Order supporting Service Disabled Veteran Owned Businesses: "...America honors the extraordinary service rendered to the United States by veterans with disabilities incurred or aggravated in the line of duty during active service with the armed forces. Heads of agencies shall provide the opportunity for service-disabled veteran businesses to significantly increase the Federal contracting and subcontracting of such businesses..." >> more

On December 16, 2003, the Veterans Benefit Act of 2003 (Public Law 108-183) was enacted amending the Small Business Act (15 U.S.C. 631 et seq.) to establish a procurement program for Small Business Concerns owned and controlled by service disabled veterans (see: Public Law 106-50).

Section 108 of that law provides that contracting officers may award a sole source set- aside contract to Service-Disabled Veteran Owned Small Business Concerns (SDVOSBC), if certain conditions are met. Specifically, a contracting officer may award a sole source contract to any small business concern owned and controlled by Service Disabled Veterans if:
  • Such concern is determined to be a responsible contractor with respect to performance of such contract opportunity and the contracting officer does not have a reasonable expectation that 2 or more small business concerns owned and controlled by Service Disabled Veterans will submit offers for the contracting opportunity;
  • The anticipated award price of the contract (including options) will not exceed $5.0M in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or $3.0M in the case of any other contract opportunity;
  • In the estimation of the contracting officer, the contract award can be made at a fair and reasonable price.
Additionally, a contracting officer may award contracts on the basis of competition restricted to small business concerns owned and controlled by Service Disabled Veterans if the contracting officer has a reasonable expectation that not less than 2 small business concerns, controlled by service-disabled veterans, will submit offers, and that the award can be made at a fair market price.