DATE: December 18, 2003

SUBJECT: Enactment of the Veterans Benefits Act of 2003

ACTION: Editor's Analysis

SYNOPSIS: On December 16, 2003, President Bush signed Public Law 108-183, the Veterans Benefits Act of 2003, which establishes a service-disabled veteran-owned small business (SDVOSB) set-aside program.

ANALYSIS: Section 308, Procurement Program for Small Business Concerns Owned and Controlled by Service-Disabled Veterans, amends the Small Business Act to establish a SDVOSB set-aside program. The new SDVOSB program essentially parallels the Historically Underutilized Business Zone (HUBZone) sole source and set-aside programs implemented in Federal Acquisition Regulation (FAR) Subpart 19.13.

The Section 308 provisions are as follows:

There is one additional restriction: a SDVOSB sole source or set-aside cannot be used if the supply or service can be obtained from a Javits-Wagner-O'Day Act source (that is, a non-profit agency employing people who are blind or severely disabled -- see FAR Subpart 8.7; also see the December 11, 2003, FEDERAL CONTRACTS DISPATCH "Federal Acquisition Regulation (FAR); Javits-Wagner-O'Day (JWOD) Program Procurement List).

While these requirements and restrictions are very similar to those for the HUBZone program, there are some significant differences:

Expect the Small Business Administration and the FAR to publish proposed implementing rules in the near future.

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2003 by Panoptic Enterprises. All Rights Reserved.

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