
Interim rules in the February 23 Federal Register carry out changes in contracting preferences for firms owned and controlled by veterans or service-disabled veterans as ordered by the fiscal 2021 defense budget law.
That law created effective in calendar year 2023 a new government-wide certification process at the SBA for those “SDVOSB” firms seeking sole-source and set-aside awards under those preferences.
That law further allowed a one-year grace period for such firms to continue to self-represent their status, says the notice, issued jointly by the GSA, DoD and NASA.
“Beginning January 1, 2024, SDVOSBs that are not certified by SBA, and do not have a pending application for certification, will not be eligible to receive sole-source or set-aside awards under the SDVOSB program but may continue to self-represent their status for awards outside of the SDVOSB program,” the notice says.
When determining a concern’s eligibility for a set-aside or sole-source award under the SDVOSB program, contracting officers must review the concern’s record for SBA certification, it says. If the record does not reflect certification by the SBA, contracting officers are to verify that the concern has represented that it is an SDVOSB concern and submitted an application for certification to SBA by the end of 2023.
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