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38 U.S.C. § 8128 — Small business concerns owned and controlled by veterans: contracting priority
Federal law — U.S. Code and appendices · legal_authorities
**(a) Contracting Priority.—** In procuring goods and services pursuant to a contracting preference under this title or any other provision of law, the Secretary shall give priority to a small business concern owned and controlled by veterans, if such business concern also meets the requirements of that contracting preference.
**(b) Definition.—** For purposes of this section, the term “small business concern owned and controlled by veterans” means a small business concern that is included in the small business database maintained by the Administrator of the Small Business Administration under section 36 of the Small Business Act.
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Source file: Laws/federal/codes/united-states-code/title-38/section-8128-small-business-concerns-owned-and-controlled-by-veterans-contracting-pri--9b2872e96f.md
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Source location: Title 38, Chapter 81, § 8128; chapter-081-acquisition-and-operation-of-hospital-and-domiciliary-facilities-procurement-and-supply-enhanced-use-leases-of-real-property.md
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**(a) Contracting Priority.—** In procuring goods and services pursuant to a contracting preference under this title or any other provision of law, the Secretary shall give priority to a small business concern owned and controlled by veterans, if such business concern also meets the requirements of that contracting preference.
**(b) Definition.—** For purposes of this section, the term “small business concern owned and controlled by veterans” means a small business concern that is included in the small business database maintained by the Administrator of the Small Business Administration under section 36 of the Small Business Act.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Contracting officer defined** For purposes of this section, the term “contracting officer” has the meaning given such term in [section 2101 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2101&num=0&edition=prelim).
**(b) Certification of small business concerns owned and controlled by service-disabled veterans** With respect to a procurement program or preference established under this chapter that applies to prime contractors, the Administrator shall—
(1) certify the status of a concern as a small business concern owned and controlled by service-disabled veterans; and
(2) require the periodic recertification of such status.
**(c) Sole source contracts** In accordance with this section, a contracting officer may award a sole source contract to any small business concern owned and controlled by service-disabled veterans if—
(1) such concern is determined to be a responsible contractor with respect to performance of such contract opportunity and the contracting officer does not have a reasonable expectation that 2 or more small business concerns owned and controlled by service-disabled veterans will submit offers for the contracting opportunity;
(2) the anticipated award price of the contract (including options) will not exceed—
(A) $7,000,000, in the case of a contract opportunity assigned a standard industrial classification code for manufacturing; or
(B) $3,000,000, in the case of any other contract opportunity; and
(3) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price.
**(d) Restricted competition** In accordance with this section, a contracting officer may award contracts on the basis of competition restricted to small business concerns owned and co
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 657f
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Contracting Goals.—**
(1) In order to increase contracting opportunities for small business concerns owned and controlled by veterans and small business concerns owned and controlled by veterans with service-connected disabilities, the Secretary shall—
(A) establish a goal for each fiscal year for participation in Department contracts (including subcontracts) by small business concerns owned and controlled by veterans who are not veterans with service-connected disabilities in accordance with paragraph (2); and
(B) establish a goal for each fiscal year for participation in Department contracts (including subcontracts) by small business concerns owned and controlled by veterans with service-connected disabilities in accordance with paragraph (3).
(2) The goal for a fiscal year for participation under paragraph (1)(A) shall be determined by the Secretary.
(3) The goal for a fiscal year for participation under paragraph (1)(B) shall be not less than the Government-wide goal for that fiscal year for participation by small business concerns owned and controlled by veterans with service-connected disabilities under section 15(g)(1) of the Small Business Act ([15 U.S.C. 644(g)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644/g/1&num=0&edition=prelim)).
(4) The Secretary shall establish a review mechanism to ensure that, in the case of a subcontract of a Department contract that is counted for purposes of meeting a goal established pursuant to this section, the subcontract was actually awarded to a business concern that may be counted for purposes of meeting that goal.
**(b) Use of Noncompetitive Procedures for Certain Small Contracts.—** Except as provided in subsection (d)(2), for purposes of meeting the goals under subsecti
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 8127
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Federal law — U.S. Code and appendices · legal_authorities
Page 1352
TITLE 38—VETERANS’ BENEFITS
§ 8128
by section 862(b) of Pub. L. 116–283 shall take effect on
the transfer date, which is 2 years after Jan. 1, 2021, see
section 862(a) of Pub. L. 116–283, set out as a note under
section 657f of Title 15, Commerce and Trade.
EFFECTIVE DATE OF 2020 AMENDMENT
Pub. L. 116–183, § 2(b), Oct. 30, 2020, 134 Stat. 896, pro-
vided that: ‘‘Subsection (k) of section 8127 of title 38,
United States Code, as added by subsection (a), shall
apply with respect to a contract entered into after the
date of the enactment of this Act [Oct. 30, 2020].’’
Pub. L. 116–155, § 2(c), Aug. 8, 2020, 134 Stat. 699, pro-
vided that: ‘‘The amendments made by this section
[amending this section] shall apply with respect to a
contract entered into on or after the date of the enact-
ment of this Act [Aug. 8, 2020].’’
EFFECTIVE DATE OF 2016 AMENDMENT
Amendment by section 1832(b), (d) of Pub. L. 114–328
effective on the date on which the Administrator of the
Small Business Administration and the Secretary of
Veterans Affairs jointly issue implementing regula-
tions [regulations effective Oct. 1, 2018], see section
1832(e) of Pub. L. 114–328, set out as a note under section
632 of Title 15, Commerce and Trade.
Pub. L. 114–328, div. A, title XVIII, § 1832(f)(2), Dec. 23,
2016, 130 Stat. 2661, provided that: ‘‘Paragraph (8) of
subsection (f) of title 38, United States Code, as added
by paragraph (1), shall apply with respect to a
verification decision made by the Secretary of Vet-
erans Affairs on or after the date of the enactment of
this Act [Dec. 23, 2016].’’
Pub. L. 114–315, title V, § 501(b), Dec. 16, 2016, 130 Stat.
1566, provided that: ‘‘The amendments made by sub-
section (a) [amending this section] shall take effect on
the date that i
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 8128
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