Office of Acquisition and Logistics (OAL)

Part 810 - Market Research

AUTHORITY:  38 U.S.C. 8127-8128; 40 U.S.C. 121(c); 41 U.S.C. 1121(c)(3); 41 U.S.C. 1702; and 48 CFR 1.301 through 1.304.

810.000  Scope of part.

The Veterans First Contracting Program in subpart 819.70 applies to contract actions under this part and takes precedence over other small business programs referenced in FAR part 10 and FAR part 19.

Deviation per Class Deviation from VAAR parts 802, 806, 808, 810, 813, 819, 852, and 873, dated February 16, 2023, to implement the expansion of the certification requirement across all Federal agencies for Service-Disabled Veteran-Owned Small Businesses (SDVOSBs), and the transfer of the certification authority for both SDVOSBs and Veteran-Owned Small Businesses (VOSBs) from the VA to the Small Business Administration (SBA), effective January 1, 2023. The class deviation updates various VAAR parts to implement the new policy regarding the SBA Veteran Small Business Certification Program, the relevant SBA certification database, and removing the VA VIP database title and web address, and other pertinent information.

810.001  Policy.

810.001-70  Market research policy—use of SBA certification database. (DEVIATION)

When performing market research, contracting officers shall—

(a) Review the Small Business Administration (SBA) certification database on the SBA Veteran Small Business Certification Program (VetCert) portal at https://veterans.certify.sba.gov/ as required by subpart 819.70.

(b) Search the SBA certification by applicable North American Industry Classification System (NAICS) codes to determine whether two or more certified service-disabled veteran-owned small businesses (SDVOSBs) and/or veteran-owned small businesses (VOSBs), with the appropriate NAICS code, are listed in the database.

(c) Determine, among other things as the requirement dictates, whether certified SDVOSBs or certified VOSBs listed in the SBA certification database, and identified as a result of market research—

(1) Are capable of performing the work;

(2) Are likely to submit an offer/quote; and

(3) Whether an award can be made at a fair and reasonable price that offers best value to the Government.

(d) The contracting officer shall use the market research for acquisition planning purposes, and as set forth in subpart 819.70, conduct a VA Rule of Two (see 802.101) determination in accordance with the contracting order of priority (see 819.7005 and 819.7006).

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