On December 16, 2003, the Veterans Benefits 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.
Section 308 of that law provides that contracting officers may award a sole source or set
aside contract to Service-Disabled Veteran Owned Small Business Concerns
(SDVOSBC), if certain conditions are met.
SEC. 308. PROCUREMENT PROGRAM FOR SMALL BUSINESS CONCERNS OWNED
AND CONTROLLED BY SERVICE-DISABLED VETERANS.
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.).
P.O. Box 7166 Hampton, VA 23666
(757) 660-6629
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A Service Disabled Veteran Owned Small Business
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