PART 806—COMPETITION REQUIREMENTS 806.102

PART 806—COMPETITION REQUIREMENTS 806.102

Use of competitive procedures.

(d)(3) Awards made using General Services Administration (GSA) or Department of Veterans Affairs (VA) Federal Supply Schedules (FSS) are considered competitive. When set-aside for competition restricted to verified service-disabled veteran-owned small businesses (SDVOSBs) and veteran-owned small businesses (VOSBs) according to 819.7005 and 819.7006, such awards constitute full and open competition after exclusion of sources pursuant to 38 U.S.C. 8127. 806.203-70 VA set-asides for verified veteran-owned small businesses using the VA Rule of Two.

(a) To fulfill the statutory requirements relating to Public Law 109-461, the Veterans Benefits, Health Care and Information Technology Act of 2006 (38 U.S.C. 8127 and 8128), contracting officers shall set aside solicitations for veteran-owned small businesses (see 819.7005 and 819.7006) whenever market research provides the contracting officer with a reasonable expectation of receiving two or more offers/quotes from verified SDVOSBs or VOSBs at fair and reasonable prices that offer best value to the Government (see 819.7005 and 7006).

(b) This requirement applies to all contracts under this subpart, including orders under interagency acquisition vehicles such as FSS, Governmentwide acquisition contracts (GWACs), and multi-agency contracts (MACs).

(c) No separate justification or determination and findings are required under this subpart to set aside contracts for SDVOSBs or VOSBs listed as verified in the VIP database.

(d) Contracting officers shall utilize the authority in paragraph (a) over other set-asides authorized in FAR subpart 6.2 whenever market research supports the decision. A setaside restricted to verified SDVOSBs or VOSBs satisfies competition as well as the fair opportunity requirements (see FAR 16.505(b)(2)(i)(F)).

(e) Subparts 819.5 and 819.70 prescribe policies and procedures that shall be followed with respect to verified SDVOSB and VOSB set-asides.  806.302-5-70

Noncompetitive procedures for verified small business concerns owned and controlled by veterans.

(a) Full and open competition need not be provided for when awarding a sole source contract with a verified SDVOSB or a verified VOSB in accordance with 819.7007 or 819.7008 as authorized. Pursuant to FAR 6.302-5(c)(2)(ii), the justification and approval requirements of FAR 6.303 and 6.304 apply.

(b) Noncompetitive procedures for contracts below the Simplified Acquisition Threshold. When entering into a contract with a verified small business concern owned and controlled by veterans for an amount less than the simplified acquisition threshold, a contracting officer may use procedures other than competitive procedures. (Cite: 41 U.S.C. 3304(a)(5), as authorized by 38 U.S.C. 8127(b)).

(c) Sole source contracts above the Simplified Acquisition Threshold. (Cite: 41 U.S.C. 3304(a)(5), as authorized by 38 U.S.C. 8127(c)). A contracting officer may award a contract to a verified small business concern owned and controlled by veterans using procedures other than competitive procedures if— 12. Such concern is determined to be a responsible source with respect to performance of such contract opportunity;

(1) The anticipated award price of the contract (including options) will exceed the simplified acquisition threshold, but will not exceed $5 million; and

(2) In the estimation of the contracting officer, the contract award can be made at a fair and reasonable price that offers best value to the United States.