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obinnae

Recompete of SDVOSB set aside going full and open

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Assuming an SDVOSB set aside contract had adequate competition 5 years ago, the SDVOSB performed without fault for the life of the contract - is there any requirement stating that the work must be kept in the SDVOSB or at least SB set aside program? Would a minor change in scope warrant a CO to release it full and open without doing any RFI/SS to determine SB capabilities?

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If the conditions prerequisite to a set-aside still exist, then the rules requiring a set-aside still apply.

Can you explain this a little more?

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What about it is not clear to you?

What do you mean by prerequisite? My understanding is that there is no set and clear rule that states a certain solicitation must be set aside. There are the governmental SB set aside goals - but on a solicitation by solicitation level, its at the discretion of the CO.

What would be an example of a prerequisite to require something to be set aside? I have a feeling I am just not understanding the semantics.

PS - thanks for your help on this!

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This is an example of a prerequisite, FAR 19.502-2( b ), for a total set-aside:

( b ) Before setting aside an acquisition under this paragraph, refer to 19.203( c). The contracting officer shall set aside any acquisition over $150,000 for small business participation when there is a reasonable expectation that:

(1) Offers will be obtained from at least two responsible small business concerns offering the products of different small business concerns (see paragraph ( c) of this section); and

(2) Award will be made at fair market prices. Total small business set-asides shall not be made unless such a reasonable expectation exists (see 19.502-3 as to partial set-asides). Although past acquisition history of an item or similar items is always important, it is not the only factor to be considered in determining whether a reasonable expectation exists. In making R&D small business set-asides, there must also be a reasonable expectation of obtaining from small businesses the best scientific and technological sources consistent with the demands of the proposed acquisition for the best mix of cost, performances, and schedules.

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This is an example of a prerequisite, FAR 19.502-2( b ), for a total set-aside:

Vern -

Thanks for this - clause 2 is obviously completely subjective and you could reasonably argue that any solicitation would be better off being full and open. Moral of the story is - if a COTR/CO wants something to go full and open - not a whole lot industry can do about it, correct?

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A distinction, which may be minor or major, to the need being discussed in this thread is that the regulatory prerequisite may limit the discretion of the CO. By example if the need was being procured by the VA or for the use of the VA where procurement is by another agency the "mays" found in the FAR regarding SDVOSB are changed to "shall" in the VA supplement (the VAAR) to the FAR. Or stated another way be sure that any read of the FAR stretches to the specific agency supplement.

And with regard to the last post, industry could have a lot to do about it if the CO has not adequately documented the file with regard to the determination of the "rule of two". (edited to correct a spelling error)

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Moral of the story is - if a COTR/CO wants something to go full and open - not a whole lot industry can do about it, correct?

Not correct. If a contracting officer does not follow the rules about setting aside an acquisition, a company could file a protest with the GAO or the Court of Federal Claims. See, for example, the decision of the GAO in DNO, Inc., GAO B-406256, 2012 CPD ¶ 136 (March 22, 2012), which you can find by Googling <GAO B-406256>.

I don't have time to answer any more questions about this topic.

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