In accordance with this section, a contracting officer may award a sole source contract to any small business concern owned and controlled by service-disabled veterans if—
(1)such concern is determined to be a responsible contractor with respect to performance of such contract opportunity and the contracting officer does not have a reasonable expectation that 2 or more small business concerns owned and controlled by service-disabled veterans will submit offers for the contracting opportunity;
(2)the anticipated award price of the contract (including options) will not exceed—
(A)$5,000,000, in the case of a contract opportunity assigned a standard industrial classification code for manufacturing; or
(B)$3,000,000, in the case of any other contract opportunity; and
(3)in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price.
(b) Restricted competition
In accordance with this section, a contracting officer may award contracts on the basis of competition restricted to small business concerns owned and controlled by service-disabled veterans if the contracting officer has a reasonable expectation that not less than 2 small business concerns owned and controlled by service-disabled veterans will submit offers and that the award can be made at a fair market price.
(c) Relationship to other contracting preferences
A procurement may not be made from a source on the basis of a preference provided under subsection (a) or (b) of this section if the procurement would otherwise be made from a different source under section
4125 of title
18 or chapter 85 of title
(d) Enforcement; penalties
Rules similar to the rules of paragraphs (5) and (6) of section
637(m) of this title shall apply for purposes of this section.
(e) Contracting officer
For purposes of this section, the term “contracting officer” has the meaning given such term in section
2101(1) of title
In subsec. (c), “chapter 85 of title
41” substituted for “the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.)” on authority of Pub. L. 111–350, § 6(c),Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
In subsec. (e), “section
2101(1) of title
41” substituted for “section 27(f)(5) of the Office of Federal Procurement Policy Act (41 U.S.C. 423(f)(5))” on authority of Pub. L. 111–350, § 6(c),Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
A prior section
2 of Pub. L. 85–536was renumbered section
2 and is set out as a note under section
631 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.