Veterans Entrepreneurship and Small Business Act– established government-wide goal of awarding 3% of the total value of all prime and subcontract awards for participation by businesses owned and controlled by service-disabled veterans.
Veterans Benefits Act -Section 308 established the procurement program for SDVOSBs. This program provides that federal contracting officers may restrict competition to SDVOSBs and award a set-aside contract where certain criteria are met.
Executive Order 13360 -requires each agency to develop a strategy to increase contracting to SDVOSBs, designate senior-level officials for agency strategy, and report progress annually to Small Business Administration.
‘VA Act’ -provision requiring the VA to restrict competitions to veteran-owned firms so long as the “rule of two” is satisfied. Despite the absence of a statutory exception for GSA Schedule orders, the VA has long taken the position that it may order off the GSA Schedule without first applying the VA Act’s Rule of Two.
“a contracting officer of the Department shall award contracts on the basis of competition restricted to small business concerns owned and controlled by veterans if the contracting officer has a reasonable expectation that two or more small business concerns owned and controlled by veterans will submit offers and that the award can be made at a fair and reasonable price that offers the best value to the United States.”
Kingdomware Technologies, Inc. v. US (2012) -For SDVOSBs and VOSBs, the Supreme Court’s Kingdomware decision is a huge win. The Kingdomware decision will prove a major boon to SDVOSBs, ultimately resulting in billions of extra dollars flowing to SDVOSBs.
[Section] 8127 is mandatory, not discretionary. Its text requires the Department to apply the Rule of Two to all contracting determinations and to award contracts to veteran-owned small businesses. The Act does not allow the Department to evade the Rule of Two on the ground that it has already met its contracting goals or on the ground that the Department has placed an order through the [Federal Supply Schedule].