48 C.F.R. § 19.1406 — Sole source awards to service-disabled veteran-owned small business concerns.
Federal Acquisition Regulations System 1 2023-10-01 2023-10-01 false Sole source awards to service-disabled veteran-owned small business concerns. 19.1406 Section 19.1406 Federal Acquisition Regulations System FEDERAL ACQUISITION REGULATION SOCIOECONOMIC PROGRAMS SMALL BUSINESS PROGRAMS 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) $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) 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. [69 FR 25278, May 5, 2004, as amended at 71 FR 57367, Sept. 28, 2006; 75 FR 38688, July 2, 2010; 75 FR 53133, Aug. 30, 2010; 76 FR 14568, Mar. 16, 2011; 77 FR 12933, Mar. 2, 2012; 80 FR 38298, July 2, 2015; 85 FR 62489, Oct. 2, 2020]