Difference between revisions of "FAR 52.219-27 - Notice of Service-Disabled Veteran-Owned Small Business Set-Aside"

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|EffectiveDate=2011/11/01
 
|EffectiveDate=2011/11/01
 
|ClauseorProvision=Clause
 
|ClauseorProvision=Clause
|ProvisionClauseNumberAlternate=52.219-27
 
 
|Prescribedin=19.1407
 
|Prescribedin=19.1407
|TypePurposeContract=Fixed Price Service -A; Cost Reimbursement Research and Development -A; Fixed Price Research and Development -A; Cost Reimbursement Supply -A; Fixed Price Supply -A; Cost Reimbursement Service -A; Fixed Price Construction -A; Cost Reimbursement Construction -A; Time and Materials/Labor Hour -A; Leasing of Motor Vehicles -A; Communication Services -A; Dismantling, Demolition, or Removal of Improvements -A; Architect-Engineering -A; Facilities -A; Indefinite Delivery -A; Transportation -A; Simplified Acquisition Procedures -A; Utility Services -A; Commercial Items -A
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|TypePurposeContract=Time and Materials/Labor Hour -A; Leasing of Motor Vehicles -A; Communication Services -A; Dismantling, Demolition, or Removal of Improvements -A; Architect-Engineering -A; Facilities -A; Indefinite Delivery -A; Transportation -A; Utility Services -A
|ProvisionClauseDescription=-
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|CCSubject=Disadvantaged, Small, Disabled, Veteran or Women Owned or HUBZone Business
|FARClauseOverview===(a) Definition==
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|PrescriptionOverview===Prescription==
 +
 
 +
The contracting officer shall insert the clause 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside, in solicitations and contracts for acquisitions that are set aside or reserved for, or awarded on a sole source basis to, service-disabled veteran-owned small business concerns under 19.1405 and 19.1406. This includes multiple-award contracts when orders may be set aside for service-disabled veteran-owned small business concerns as described in 8.405-5 and 16.505(b)(2)(i)(F).
 +
|FARClauseOverview===Clause==
 +
===(a) Definition===
 
“Service-disabled veteran-owned small business concern”—  
 
“Service-disabled veteran-owned small business concern”—  
  
 
(1) Means a small business concern—  
 
(1) Means a small business concern—  
  
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and  
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:(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and  
  
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.  
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:(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.  
  
 
(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).  
 
(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).  
  
==(b) Applicability==
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===(b) Applicability===
 
This clause applies only to—  
 
This clause applies only to—  
  
(1) Contracts that have been set aside or reserved for service-disabled veteran-owned small business concerns;  
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(1) Contracts that have been '''set aside or reserved for service-disabled veteran-owned small business concerns;'''
  
 
(2) Part or parts of a multiple-award contract that have been set aside for service-disabled veteran-owned small business concerns; and  
 
(2) Part or parts of a multiple-award contract that have been set aside for service-disabled veteran-owned small business concerns; and  
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(3) Orders set aside for service-disabled veteran-owned small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).  
 
(3) Orders set aside for service-disabled veteran-owned small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).  
  
==(c) General==  
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===(c) General===  
  
 
(1) Offers are solicited only from service-disabled veteran-owned small business concerns. Offers received from concerns that are not service-disabled veteran-owned small business concerns shall not be considered.  
 
(1) Offers are solicited only from service-disabled veteran-owned small business concerns. Offers received from concerns that are not service-disabled veteran-owned small business concerns shall not be considered.  
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(2) Any award resulting from this solicitation will be made to a service-disabled veteran-owned small business concern.  
 
(2) Any award resulting from this solicitation will be made to a service-disabled veteran-owned small business concern.  
  
==(d) Agreement==
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===(d) Agreement===
 
A service-disabled veteran-owned small business concern agrees that in the performance of the contract, in the case of a contract for—  
 
A service-disabled veteran-owned small business concern agrees that in the performance of the contract, in the case of a contract for—  
  
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(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other service-disabled veteran-owned small business concerns.  
 
(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other service-disabled veteran-owned small business concerns.  
  
==(e) Joint Venture==
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===(e) Joint Venture===
 
A joint venture may be considered a service-disabled veteran owned small business concern if—  
 
A joint venture may be considered a service-disabled veteran owned small business concern if—  
  
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(4) The joint venture meets the requirements of 13 CFR 125.15(b)  
 
(4) The joint venture meets the requirements of 13 CFR 125.15(b)  
  
(f) Any service-disabled veteran-owned small business concern (nonmanufacturer) must meet the requirements in 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.  
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'''(f)''' Any service-disabled veteran-owned small business concern (nonmanufacturer) must meet the requirements in 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.
 
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|ImportantNotesRequirements=Applicable only to service-disabled veteran-owned small business concerns.
 
|ImportantNotesRequirements=Applicable only to service-disabled veteran-owned small business concerns.
  
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|UniformContractFormat=I
 
|UniformContractFormat=I
 
|Editor=Marshall
 
|Editor=Marshall
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|ProvisionClauseNumberAlternate=52.219-27
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|ProvisionClauseDescription=-
 
|Checked=no
 
|Checked=no
 
|HasTermDate=2014/03/30
 
|HasTermDate=2014/03/30

Revision as of 09:17, 16 December 2014

***

Contents

Prescribed in 19.1407

Effective Date:1 November 2011
Clause or Provision:Clause
Provision or Clause Number: 52.219-27 - Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

Principle Type And/Or Purpose of Contract:
Required:
Applicable:Time and Materials/Labor Hour; Leasing of Motor Vehicles; Communication Services; Dismantling, Demolition, or Removal of Improvements; Architect-Engineering; Facilities; Indefinite Delivery; Transportation; Utility Services; 
Optional:
Subject:Disadvantaged, Small, Disabled, Veteran or Women Owned or HUBZone Business
ProcurementType:
Contract Threshold:
Prescription Overview:

Prescription

The contracting officer shall insert the clause 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside, in solicitations and contracts for acquisitions that are set aside or reserved for, or awarded on a sole source basis to, service-disabled veteran-owned small business concerns under 19.1405 and 19.1406. This includes multiple-award contracts when orders may be set aside for service-disabled veteran-owned small business concerns as described in 8.405-5 and 16.505(b)(2)(i)(F).

Clause Overview:

Clause

(a) Definition

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) Applicability

This clause applies only to—

(1) Contracts that have been set aside or reserved for service-disabled veteran-owned small business concerns;

(2) Part or parts of a multiple-award contract that have been set aside for service-disabled veteran-owned small business concerns; and

(3) Orders set aside for service-disabled veteran-owned small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General

(1) Offers are solicited only from service-disabled veteran-owned small business concerns. Offers received from concerns that are not service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation will be made to a service-disabled veteran-owned small business concern.

(d) Agreement

A service-disabled veteran-owned small business concern agrees that in the performance of the contract, in the case of a contract for—

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other service-disabled veteran-owned small business concerns;

(2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other service-disabled veteran-owned small business concerns;

(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other service-disabled veteran-owned small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other service-disabled veteran-owned small business concerns.

(e) Joint Venture

A joint venture may be considered a service-disabled veteran owned small business concern if—

(1) At least one member of the joint venture is a service-disabled veteran-owned small business concern, and makes the following representations: That it is a service-disabled veteran-owned small business concern, and that it is a small business concern under the North American Industry Classification Systems (NAICS) code assigned to the procurement;

(2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement; and

(3) The joint venture meets the requirements of paragraph 7 of the explanation of Affiliates in 19.101 of the Federal Acquisition Regulation.

(4) The joint venture meets the requirements of 13 CFR 125.15(b)

(f) Any service-disabled veteran-owned small business concern (nonmanufacturer) must meet the requirements in 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

Important Notes/Requirements:

Applicable only to service-disabled veteran-owned small business concerns.

Subcontract Threshold:
Incorporated by Reference:Yes
Uniform Contract Format:I
Editor:Marshall

Personal notes.