# Presentation: 148372

## Service-Disabled Veteran-Owned Small Business Concern Program

**U.S. Small Business Administration**
**Office of Veterans Business Development**

## Interim Final Rule

**Effective as of May 5, 2004**
**Implements Section 308 of the **_**Veterans Benefits Act of 2003**_** (Public Law 108-183)**
**Establishes a Procurement Program for Small Business Concerns Owned and Controlled by Service-Disabled Veterans**

## Service-Disabled Veteran-Owned Small Business Set-Asides

**A Contracting Officer (CO) may set-aside**
**acquisitions for Service-Disabled Veteran-Owned**
**(SDVO) Small Business Concerns (SBC) if:**
**The requirement is determined to be excluded from**
**	****fulfillment through award to Federal Prison Industries; Javits Wagner-O’Day; Orders under Indefinite Delivery Contracts; Orders against Federal Supply Schedules; Requirements currently being performed by 8(a) participants; Requirements for commissary or exchange resale items;**
**The requirement is not currently being performed by an 8(a) participant, and unless SBA has consented to release of the requirement from the Section 8(a) Program; and**

## Service-Disabled Veteran-Owned Small Business Set-Asides

**SBA has not accepted the requirement for performance under the 8(a) authority, unless SBA has consented to release of the requirement from the Section 8(a) Program;**
**There is a reasonable expectation that at least two responsible SDVO SBCs will submit offers; and**
**The award can be made at a fair market price**

## Service-Disabled Veteran-Owned Small Business Sole Source Contracts

**A CO may award a sole source contract to an SDVO**
**SBC if the CO determines that none of the SDVO**
**SBC set-aside exemptions or provisions apply and**
**the anticipated award price of the contract,**
**including options, will not exceed:**
**$5.0M for manufacturing requirements**
**$3.0M for all other requirements**
**The SDVOB is a responsible contractor able to perform the contract**
**Award can be made at a fair and reasonable price**

## Service-Disabled Veteran-Owned Small Business Simplified Acquisition Contracts

**If a requirement is at or below the simplified**
**acquisition threshold, a CO may set-aside**
**the requirement for consideration among**
**SDVO SBCs using simplified acquisition**
**procedures or may award a sole source**
**contract to an SDVO SBC**

## Protests Concerning Service-Disabled Veteran-Owned Small Business Concerns 

**For Sole Source Procurements:**
**SBA or the CO may protest service-disabled veteran status**
**For Competitive Set-Asides**
**Any interested party may protest service-disabled veteran status  **

## SBA’s Associate Administrator for Government Contracting Will Consider the Following Grounds for Filing an SDVO SBC Protest

**Service-connected disability or veteran status:**
**Protests alleging that the owner(s) cannot provide documentation from the U.S. Departments of Veterans Affairs or Defense showing that they meet the definition of service-disabled veteran set forth in FAR Part 2.101, Definitions**

## SBA’s Associate Administrator for Government Contracting Will Consider the Following Grounds for Filing an SDVO SBC Protest

**Ownership and Control:**
**Credible evidence indicating that a concern is **_**not**_** 51% owned and controlled by one or more service-disabled veteran**