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The Federal Acquisition Regulation (FAR) has provisions for both SDVOSB set-aside
competitions and SDVOSB sole-source awards.
13 C.F.R. 125.19 – SDVOSB set-aside competition: The contracting officer
may make the procurement a SDVOSB set-aside competition if there is a “reasonable
expectation that at least two responsible SDVOSBs will submit offers.” In addition,
if there is a reasonable expectation that at least two responsible SDVOSBs will
submit offers, the contracting officer should consider setting aside the requirement
as a SDVOSB competition before considering setting aside the requirement as a general
small business set-aside.
13 C.F.R. 125.20 – SDVOSB sole source: The contracting officer may make a
sole source award up to $3M if a SDVOSB is able to perform the work and only one
SDVOSB can be reasonably expected to submit an offer.
13 CFR Part 124 SBA 8(a) ProgramThe U.S. Small Business Administration (SBA)
administers two particular business assistance programs for small disadvantaged
businesses (SDBs). These programs are the 8(a) Business Development Program. While
the 8(a) Program offers a broad scope of assistance to socially and economically
disadvantaged firms, SDB certification strictly pertains to benefits in Federal
procurement. Companies which are 8(a) firms automatically qualify for SDB certification.
Benefits of the Program
- Participants can receive sole-source contracts, up to a ceiling of $3.5 million
for goods and services and $5 million for manufacturing. While SBA helps 8(a) firms
build their competitive and institutional know-how, the agency also encourages them
to participate in competitive acquisitions.
- Federal acquisition policies encourage Federal agencies to award a certain percentage
of their contracts to SDBs. To speed up the award process, the SBA has signed Memorandums
of Understanding (MOUs) with 25 Federal agencies allowing them to contract directly
with certified 8(a) firms
- Recent changes permit 8(a) firms to form joint ventures and teams to bid on contracts.
This enhances the ability of 8(a) firms to perform larger prime contracts and overcome
the effects of contract bundling, the combining of two or more contracts together
into one large contract.
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