Phoenix Consulting - A Service Disabled Veteran Owned Small Business
The Advantages of Contracting With A Service Disabled Veteran Owned Small Business:
In December 2003, President Bush signed into law the amendment to the Small Business Act (15 USC 631)
that redesignated 36 to read:
“SEC 36. PROCUREMENT PROGRAM FOR SMALL BUSINESS CONCERNS OWNED ANDCONTROLLED BY SERVICE-DISABLED VETERANS
(a) SOLE SOURCE CONTRACTS – In accordance with this section, a contracting officer may award a sole source contract to any small business concern owned and controlled b a service-disabled veteran if –
(1) such concern is determined to be a responsible contractor with respect to performance of such contract opportunity and the contracting officer dos not have reasonable expectation that 2 or more small business concerns owned and controlled by service-disabled veterans will submit offers for the contracting opportunity;
(2) the anticipated award price of the contract (including options) will not exceed –
(A) $5,000,000 in the case of a contract opportunity assigned as standard industrial classification code for manufacturing; or
(B) $3,000,000 in the case of any other contract opportunity; and(3) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price.
(b) RESTRICTED COMPETITION – In accordance with this section, 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 not 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.
(c) RELATIONSHIP TO OTHER CONTRACTING PREFERENCES – A procurement may not be made from a source on the basis of a preference provided under subsection (a) or (b) if the procurement would otherwise be made from a different source under section 4124 or 4125 of Title 18, United States Code, or the Javits-Wagner-O’Day Act (41 USC 46)
(d) ENFORCMENT; PENALTIES – Rules similar to the rules of paragraphs (5) and (6) of section 8(m) shall apply for purposes of this section.
(e) CONTRACTING OFFICER – For purposes of this section, the term ‘contracting officer’ has the meaning given such term in section 27(f)(5) of the Office of Federal Procurement Policy Act (41 USC 423(f)(5).
