U.S. Code » Title 38 » Part PART VI— ACQUISITION AND DISPOSITION OF PROPERTY › Chapter CHAPTER 81— ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL PROPERTY › Subchapter SUBCHAPTER II— PROCUREMENT AND SUPPLY

38 U.S.C. § 8128

Small business concerns owned and controlled by veterans: contracting priority

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 38 CasesGoogle Scholar
(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.(Added Pub. L. 109–461, title V, § 503(a)(1), Dec. 22, 2006, 120 Stat. 3435; amended Pub. L. 116–283, div. A, title VIII, § 862(b)(3)(B), Jan. 1, 2021, 134 Stat. 3779.)Editorial NotesReferences in Text

Section 36 of the Small Business Act, referred to in subsec. (b), is classified to section 657f of Title 15, Commerce and Trade.

Amendments

2021—Subsec. (b). Pub. L. 116–283 substituted “maintained by the Administrator of the Small Business Administration under section 36 of the Small Business Act” for “maintained by the Secretary under section 8127(f) of this title”.

Statutory Notes and Related SubsidiariesEffective Date of 2021 Amendment

Pub. L. 116–283, div. A, title VIII, § 862(b)(3), Jan. 1, 2021, 134 Stat. 3778, provided that the amendment made by section 862(b)(3)(B) 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

Pub. L. 109–461, title V, § 503(b), Dec. 22, 2006, 120 Stat. 3436, provided that: “This section [enacting this section] and the amendments made by this section shall take effect on the date that is 180 days after the date of the enactment of this Act [Dec. 22, 2006].”

Notes of Decisions
Cited in 11 cases, 2010–2019 · leading case: Pds Consultants, Inc. v. United States, 907 F.3d 1345 (Fed. Cir. 2018).
Sort: Relevance Newest Treatment
Pds Consultants, Inc. v. United States, 907 F.3d 1345 (Fed. Cir. 2018). “" 38 U.S.C. § 8128 (a) (emphases added). The phrase "or any other provision of law" by its terms encompasses the JWOD.”
KWV, Inc. v. United States, 108 Fed. Cl. 448 (Fed. Cl. 2013). · cites it 2× “” 38 U.S.C. § 8128 (a). 4 Mr. Marón has had longstanding success as a contractor in Rhode Island.”
Angelica Textile Servs., Inc. v. United States, 95 Fed. Cl. 208 (Fed. Cl. 2010). “” 38 U.S.C. § 8128 (a). To implement the Veterans Benefits Act, the Department established the “Veterans First Contracting Program” on June 20, 2007.”
Miles Constr., Llc v. United States, 108 Fed. Cl. 792 (Fed. Cl. 2013). “38 U.S.C. § 8128 . To implement this Act, VA established the Veterans First Contracting Program in 2007, directing VA to consider SDVOSB and VOSB entities as first and second priority.”
Pds Consultants, Inc. v. United States, 132 Fed. Cl. 117 (Fed. Cl. 2017). “38 U.S.C. § 8128 (a). Based on this language, the Supreme Court found in Kingdomware that § 8127(d) was mandatory, and therefore “before contracting with a non-veteran-owned business, the Department must first apply the Rule of Two.”
Ambuild Co., LLC v. United States, 119 Fed. Cl. 10 (Fed. Cl. 2014). “38 U.S.C. § 8128 . To implement this Act, the Veterans First Contracting Program (“Program”) was established in 2007, under which VA considers SDVOSB and VOSB entities as first and second priority for procurement awards.”
Kwv, Inc. v. United States, 111 Fed. Cl. 119 (Fed. Cl. 2013). “” 38 U.S.C. § 8128 (a). This preference applies only to procurements by VA.”
Geiler/Schrudde & Zimmerman v. United States, 133 Fed. Cl. 578 (Fed. Cl. 2017). “38 U.S.C. § 8128 (2012). The RFP requires that each offeror submit a price proposal and a technical proposal.”
Veterans4you, Inc. v. United States (Fed. Cl. 2019). · cites it 2× “38 U.S.C. § 8128 (a). The VBA also requires that the VA restrict competition to VOSBs and SDVOSBs and specifically provides that: Use of restricted competition.”
geiler/schrudde & Zimmerman v. United States (Fed. Cl. 2017). “38 U.S.C. § 8128 (2012). The RFP requires that each offeror submit a price proposal and a technical proposal.”
Vets. Contracting Grp., Inc. v. United States (Fed. Cl. 2017). “§ 644 (g)(1)(B)); see also 38 U.S.C. § 8128 (a) (“In procuring goods and services pursuant to a contracting preference under this title or any other provision of law, [VA] shall give priority to a small business concern owned and controlled by veterans .”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.