The Veterans Benefits Act of 2003 (Public Law 108-83) established a procurement program for Service-Disabled Veteran-Owned Small Business Concerns (SDVOSB). ACT is certified by the U.S. Department of Veterans Affairs (VA) Center for Veterans Enterprise (CVE) as an SDVOSB. ACT is registered in the CVE’s Vendor Information Pages (VIP) database.
Sole source awards may be made to ACT per the Federal Acquisition Regulation (FAR) guidance below:
FAR Subpart 19.14—Service-Disabled Veteran-Owned Small Business Procurement Program
19.1406 Sole source awards to service-disabled veteran-owned small business concerns.
(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) $6.5 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) The SBA has the right to appeal the contracting officer’s decision not to make a service-disabled veteran-owned small business sole source award.
FAR Subpart 819.70—Service-Disabled Veteran-Owned and Veteran-Owned Small Business Acquisition Program
819.7007 Sole source awards to service-disabled veteran-owned small business concerns.
(a) A contracting officer may award contracts to SDVOSB concerns on a sole source basis provided:
(1) The anticipated award price of the contract (including options) will not exceed $5 million;
(2) The requirement is synopsized in accordance with FAR part 5;
(3) The SDVOSB concern has been determined to be a responsible contractor with respect to performance; and
(4) Award can be made at a fair and reasonable price.
(b) The contracting officer's determination whether to make a sole source award is a business decision wholly within the discretion of the contracting officer. A determination that only one SDVOSB concern is available to meet the requirement is not required.
(c) When conducting a SDVOSB sole source acquisition, the contracting officer shall ensure businesses are registered and verified as eligible in the VIP database prior to making an award.