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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.
(The news featured above is a selection from the news covered in the Government Contracts Report Letter, which is published weekly and distributed to subscribers of the Government Contracts Reporter. )
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