Can you set-aside your acquisition to Self-Certified Small Disadvantaged Businesses (SDB) to meet SDB set-aside goals OR only through the 8(a) program? If yes, could I please get official information to support this set-aside. Thank you!

There is no authority that I know of that permits restricting competition to SDBs.

Back in the early 1990’s there was a DOD test program for competitive “SDB set-asides”. However, it WASNT integrated with the SBA regulations, for the various Part 19 programs, resulting in some ambiguity.and gaps. For instance, DoD didnt issue any qualification requirements for SDB led joint ventures..

It was a short-lived program.

—-——————————————-

Personal experience with the DoD SDB set-aside test program:

I remember that we had an agency protest on one of several SDB set-aside, LPTA source selections. The contract was for a new airfield parking apron at one of our Air Force customer’s Air Bases in Florida, I led the source selection for our Chief of Contracting, who was the PCO .

Our Agency (Corps of Engineers) denied the protest. However, unfortunately, there weren’t clear, separate DoD level authorities for some of the non-selection reasons that the SBA regulations would have covered. These dealt with joint venture requirements.

We would have likely also prevailed on those grounds in a GAO protest under the various Part 19 SDB programs.

I had discovered several, obvious “front” type teaming arrangements that were pretty obvious. The Agency didnt rule on those reasons due to ambiguity or gaps in which SBA provisions applied to DOD set-asides.

Fortunately, the Agency rejected the protests on some technicalities concerning the joint venture agreement (I think) and upheld our LPTA award to the second lowest, acceptable offer from a qualified proposer. The unsuccessful, lowest priced offeror didnt appeal the agency protest denial.

The awardee was a Hispanic owned SDB firm led, JV. The SDB firm WASNT in the 8(a) or any other specific SDB Part -19 set-aside, programs..

It turned out to be a successful project with the legit SDB, partnered with a small business paving contractor. The SDB firm legitimately managed the project with its own supervisory employees and self-performed actual work activities, exceeding the minimum required percentage of self-performed direct work, using its own employees.

Soon afterwards, the DoD SDB set-aside Program was cancelled, due, in part, to lack of clear DoD coverage of contractor qualifications that were otherwise covered by SBA regulations.

At least that is my recollection of the test program for competitive, general SDB set-asides.

I apologize for visual difficulties this morning, which may result in spelling or other errors in my typing this post.