19.1404 Exclusions
Source: FAR 19.1404 on acquisition.gov
FAR 19.1404 identifies specific situations where SDVOSB set-aside and sole source procedures do not apply, ensuring compliance with other statutory priorities and programs.
Overview
FAR 19.1404 outlines specific exclusions where the Service-Disabled Veteran-Owned Small Business (SDVOSB) Program does not apply. This section clarifies that certain requirements and contract types are exempt from SDVOSB set-aside or sole source procedures. These exclusions include requirements that must be fulfilled by Federal Prison Industries (UNICOR) or AbilityOne agencies, orders under indefinite-delivery contracts (with some exceptions for discretionary set-asides), orders against Federal Supply Schedules (with similar exceptions), and requirements currently performed under the 8(a) program unless released by the SBA. Understanding these exclusions is essential for proper application of SDVOSB contracting rules and avoiding compliance errors.
Key Rules
- Exclusion for Federal Prison Industries and AbilityOne
- SDVOSB procedures do not apply if the requirement must be satisfied by UNICOR or AbilityOne agencies.
- Exclusion for Certain Orders
- Orders under indefinite-delivery contracts and Federal Supply Schedules are generally excluded, except where discretionary set-asides are allowed.
- Exclusion for 8(a) Program Requirements
- Requirements currently performed by 8(a) participants or accepted by SBA for the 8(a) program are excluded unless released by SBA.
Responsibilities
- Contracting Officers: Must verify if any of these exclusions apply before considering SDVOSB set-aside or sole source procedures.
- Contractors: Should be aware that not all opportunities are eligible for SDVOSB preferences due to these exclusions.
- Agencies: Must ensure compliance with priority sources and program requirements before applying SDVOSB rules.
Practical Implications
- This section prevents misapplication of SDVOSB rules and ensures compliance with statutory priorities and other set-aside programs. Contracting professionals must check for these exclusions early in the acquisition process to avoid delays or improper awards. Common pitfalls include overlooking mandatory sources or failing to recognize when a requirement is already committed to another program.
This subpart does not apply to-
(a) Requirements that can be satisfied through award to-
(1) Federal Prison Industries, Inc. (see subpart 8.6);
(2) AbilityOne participating non-profit agencies for the blind or severely disabled (see subpart 8.7);
(b) Orders under indefinite-delivery contracts (see subpart 16.5). (But see 16.505(b)(2)(i)(F) for discretionary set-asides of orders);
(c) Orders against Federal Supply Schedules (see subpart 8.4). (But see 8.405-5 for discretionary set-asides of orders); or
(d) Requirements currently being performed by an 8(a) participant or requirements SBA has accepted for performance under the authority of the 8(a) program, unless SBA has consented to release the requirements from the 8(a) program.