Creative Facility Management: Service Disabled Veteran Owned Small Business

Service Disabled Veteran Owned Small Business
Cliff Stern
770.900.5027

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. 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;
— $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 no 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.