“Newcomers to the federal marketplace are often surprised when they learn that eligibility for the VA’s SDVOSB and VOSB preference programs are based on the status of the contractor’s owners–and have nothing to do with how many veterans the contractor employs.”
“While the SDVOSB/VOSB eligibility rules aren’t changing, VA Contracting Officers now have authority to give preference to offeors that employ veterans on a full-time basis. A new VA Acquisition Policy Flash provides guidance to VA Contracting Officers on implementing 38 U.S.C. 8129, a statute that took effect in January 2021 and provided Congressional authority for offering such a preference.”
“The underlying statute, 38 USC 8129, is short and sweet. Regarding the employment preference, it says:
(a) Preference –
- In awarding a contract for the procurement of goods or services, the [VA] may give a preference to offerors that employ veterans on a full-time basis.
- The [VA] shall determine such preference based on the percentage of the full-time employees of the offeror who are veterans.”
“The statute also include a section (b), which provides that an offeror who “willfully and intentionally” misrepresents the veteran status of its employees may be debarred for a minimum of five years. That’s a harsh penalty, so offerors will need to take care to be scrupulously honest when it comes to reporting their employment of veterans.”
“Turning back to the preference itself, the VA released Acquisition Policy Flash 21-28 on September 9. The Policy Flash provides additional detail to allow VA Contracting Officers to effectively implement the preference.”
“The Policy Flash makes clear that the preference is optional, not mandatory…” Read the full article here.
Source: VA Contracting Officers May Now Use Veteran Employment Preferences in Competitive Acquisitions – By Steven Koprince, September 29, 2021. SmallGovCon.
