As prescribed in 19.1408, insert the following 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 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;
(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); and
(4) Orders issued directly to service-disabled veteran-owned small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii).
(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) 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:
(i) That it is a service-disabled veteran-owned small business concern, and
(ii) 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;
(3) The joint venture meets the requirements of 13 CFR 121.103(h); and
(4) The joint venture meets the requirements of 13 CFR 125.15(b).
(End of clause)
[69 FR 25279, May 5, 2004, as amended at 76 FR 68037, Nov. 2, 2011; 84 FR 47864, Sept. 10, 2019; 85 FR 11771, Feb. 27, 2020; 86 FR 44245, Aug. 11, 2021]