Subpart 19.14 Service-Disabled Veteran-Owned Small Business Procurement Program
SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE
Two or more SDVOSB concerns that demonstrate fair and reasonable pricing does not require public synopsis
SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE PROCEDURES:
(a) The contracting officer may set-aside acquisitions exceeding the micro-purchase threshold for competition restricted to service-disabled veteran-owned small business concerns when the requirements of paragraph (b) of this section can be satisfied. The contracting officer shall consider service-disabled veteran-owned small business set-asides before considering service-disabled veteran-owned small business sole source awards (see 19.1406).
(b) To set aside an acquisition for competition restricted to service-disabled veteran-owned small business concerns, the contracting officer must have a reasonable expectation that—
(1) Offers will be received from two or more service-disabled veteran-owned small business concerns; and
(2) Award will be made at a fair market price.
(c) If the contracting officer receives only one acceptable offer from a service-disabled veteran-owned small business concern in response to a set-aside, the contracting officer should make an award to that concern. If the contracting officer receives no acceptable offers from service-disabled veteran-owned small business concerns, the service-disabled veteran-owned set-aside shall be withdrawn and the requirement, if still valid, set aside for small business concerns, as appropriate (see Subpart 19.5).
Marland Technologies is designated as a “Service-Disabled Veteran-Owned Small Business”.
WHAT THIS MEANS TO YOU AS A POTENTIAL CUSTOMER
If you are ever in discussions with a Federal Agency regarding our services let them know that we are a “Service-Disabled Veteran-Owned Small Business” and they can sole source to us for non-manufacturing contracts. The savings to the Government will be significant because there will be no pass through rates. Keep Marland Technologies in mind as you look for the “best” solutions at the lowest possible price.
The Veterans Benefits Act of 2003 (PL 108-183) was enacted for a company such as Marland Technologies. Section 308 is of particular interest, and a summary is provided below:
Furnish federal agencies discretionary authority to create “sole-source” contracts for disabled veteran-owned small business up to $5 million for manufacturing contract awards and up to $3 million for non-manufacturing contract awards.
SEC. 308. PROCUREMENT PROGRAM FOR SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SERVICE-DISABLED VETERANS.
The Small Business Act (15 U.S.C. 631 et seq.) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section:
SEC. 36. PROCUREMENT PROGRAM FOR SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SERVICE-DISABLED VETERANS.
a. SOLE SOURCE CONTRACTS. In accordance with this section, a contracting officer may award a sole source contract to any small business concern owned and controlled by service-disabled veterans if
1. 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;
2. the anticipated award price of the contract (including options) will not exceed
A. $5,000,000, in the case of a contract opportunity assigned a standard industrial classification code for manufacturing; or
B. $3,000,000, in the case of any other contract opportunity; and
3. in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price.
b. RESTRICTED COMPETITION. In accordance with this section, 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 owned and controlled by service-disabled veterans will submit offers and that the award can be made at a fair market price.
c. RELATIONSHIP TO OTHER CONTRACTING PREFERENCES. A procurement may not be made from a source on the basis of a preference provided under subsection (a) or (b) if the procurement would otherwise be made from a different source under section 4124 or 4125 of title 18, United States Code, or the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.).
d. ENFORCEMENT; PENALTIES. Rules similar to the rules of paragraphs (5) and (6) of section 8(m) shall apply for purposes of this section.
e. CONTRACTING OFFICER. For purposes of this section, the term ‘contracting officer’ has the meaning given such term in section 27(f)(5) of the Office of Federal Procurement Policy Act (41 U.S.C. 423(f)(5)).
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