SDVOSB Sole Source
thrive@gothamgovernment.com
Streamline Your Federal Procurement Process with Sole Source Awards to Gotham Government
Federal agencies can streamline their procurement process by granting sole source awards to Service-Disabled Veteran-Owned Small Businesses (SDVOSB) through Gotham Government. These awards can be established under the following provisions:
(a) A contracting officer shall consider a contract award to a SDVOSB concern on a sole source basis (see 6.302-5(b)(6)), before considering small business set-asides (see 19.203 and subpart 19.5) provided none of the exclusions of 19.1404 apply and—
(1) The contracting officer does not have a reasonable expectation that offers would be received from two or more service-disabled veteran-owned small business concerns;
(2) The anticipated award price of the contract, including options, will not exceed-
(i) $7 million for a requirement within the NAICS codes for manufacturing; or
(ii) $4 million for a requirement within any other NAICS code;
(3) The requirement is not currently being performed by an 8(a) participant under the provisions of subpart 19.8 or has been accepted as a requirement by SBA under subpart 19.8;
(4) The service-disabled veteran-owned small business concern has been determined to be a responsible contractor with respect to performance; and
(5) Award can be made at a fair and reasonable price.
(b) Effective January 1, 2024, a contracting officer shall only award a sole-source contract to a concern that—
(1) Is designated in SAM as an SDVOSB concern certified by SBA; or
(2) Has represented that it is an SDVOSB concern in SAM and submitted an application for certification to SBA on or before December 31, 2023. Pending applications for certification are in the SBA Veteran Small Business Certification Program database at https://veterans.certify.sba.gov.
(c) The SBA has the right to appeal the contracting officer’s decision not to make an SDVOSB sole-source award.
819.7007 VA veteran-owned small business set-aside procedures. (DEVIATION)
(a) The contracting officer shall consider SDVOSB set-asides before considering VOSB set-asides. Except as authorized by 808.002, 813.106, 819.7007, and 819.7008, the contracting officer shall set aside a contract action exceeding the micro-purchase threshold for competition restricted to certified VOSBs listed in the SBA certification database upon a reasonable expectation based on market research that—
(1) Offers/quotations will be received from two or more eligible certified VOSBs; and
(2) Award can be made at a fair and reasonable price that offers the best value to the Government.
(b) When conducting VOSB set-asides, the contracting officer shall ensure that—
(1) Offerors are certified and listed in the SBA certification database at the time of submission of offers and at time of award; and
(2) Offerors affirmatively represent their SDVOSB/VOSB and small business status based on the size standard corresponding to the NAICS code assigned to the solicitation/contract (see 819.7003(b) and (c)).
(c) If the contracting officer receives only one acceptable offer at a fair and reasonable price from an eligible certified VOSB listed in the SBA certification database in response to a VOSB set-aside, the contracting officer may make an award to that concern. If the contracting officer decides not to make an award to the single acceptable offer received, or if the contracting officer receives no acceptable offers from eligible VOSBs, the set-aside shall be withdrawn and the requirement, if still valid, set aside for other small business programs in accordance with 819.7005 or otherwise procured using the most appropriate strategy based on the results of market research.
Points of Contact
Elizabeth Bauernshub
thrive@gothamgovernment.com
Tel: 202.843.5447