Rule Proposes Revised Criteria for Sole Source SDVOSB Acquisitions  

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council are proposing to amend the Federal Acquisition Regulation to clarify the criteria for conducting a sole source acquisition involving a Service-disabled Veteran-owned Small Business concern. A Government Accountability Office decision identified a potential inconsistency between FAR 19.1406 and the Veterans Benefit Act of 2003 (PL 108-183), as well as the Small Business Administration regulations that implement that Act. The Councils reviewed the language in question, FAR 19.1406(a)(1), and to lessen the possibility of misinterpretation are revising FAR 19.1406 to mirror the VBA (15 USC 657f) more closely. In addition, the language in FAR 19.1306(a)(1), which deals with sole source awards to HUBZone small business concerns, currently contains the same language as in FAR 19.1406(a)(1). Accordingly, the Councils determined the language in FAR 19.1306(a)(1) should be revised in the same manner as FAR 19.1406(a)(1) because the intent in both cases is to specify that one criterion for making a sole source award is that the contracting officer does not reasonably expect to receive offers from two or more concerns. Comments on the proposed rule, identified by FAR Case 2008-023, are due July 20, 2009. For the text of the rule, see ¶70,006.228.


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