52.219-27 Notice of Set-Aside for, or SoleSource Award to, Service-Disabled VeteranOwned Small Business (SDVOSB) Concerns

Eligible Under the SDVOSB Program.

As prescribed in 19.1408 , insert the following clause:

Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business

(SDVOSB) Concerns Eligible Under the SDVOSB Program. (Feb 2024)

(a) Definition.

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern—

(1)

(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled

veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of

which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more servicedisabled veterans or, in the case of a service-disabled veteran with permanent and severe disability,

the spouse or permanent caregiver of such veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part

128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38

U.S.C.101(2), with a disability that is service-connected, as defined in 38 U.S.C.101(16) and who is

registered in the Beneficiary Identification and Records Locator Subsystem, or successor system

that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a

service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB

Program means an SDVOSB concern that—

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified

by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for

certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes

contracting officers to limit competition, including award on a sole-source basis, to SDVOSB

concerns eligible under the SDVOSB Program.

(b) Applicability. This clause applies only to—
(1) Contracts that have been set aside for, or awarded on a sole-source basis to, SDVOSB concerns

eligible under the SDVOSB Program;

(2) Part or parts of a multiple-award contract that have been set aside for SDVOSB concerns eligible

under the SDVOSB Program; 

(3) Orders set aside for SDVOSB concerns eligible under the SDVOSB Program, under multipleaward contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and

(4) Orders issued directly to SDVOSB concerns eligible under the SDVOSB Program, under multipleaward contracts as described in 19.504(c)(1)(ii).

(c) General.

(1) Effective January 1, 2024, for SDVOSB set-aside or sole-source procurements, offers are solicited

only from, and awards resulting from this solicitation will be made only to, concerns—

(i) Designated in SAM as an SDVOSB concern certified by SBA; or

(ii) That have represented their status as an SDVOSB in SAM and submitted a complete application

for certification to SBA on or before December 31, 2023.

(2) Offers received from concerns that do not meet the criteria of paragraph (c)(1)(i) or (ii) of this

clause, shall not be considered.

(d) A joint venture may be considered an SDVOSB concern if the managing partner of the joint

venture complies with the criteria defined in paragraph (a) of this clause and 13 CFR 128.402.

(e) In a joint venture that complies with paragraph (d) of this clause, the SDVOSB party or parties to

the joint venture shall perform at least 40 percent of the work performed by the joint venture. Work

performed by the SDVOSB party or parties to the joint venture must be more than administrative

functions.

(End of clause)

Parent topic: 52.219 [Reserved]