---
kind: "section"
citation: "13 C.F.R. § 128.403"
title: "13"
number: "128.403"
heading: "What requirements are not available for VOSB or SDVOSB contracts?"
url: "https://uscodex.org/cfr/13/128.403"
---

# §128.403. What requirements are not available for VOSB or SDVOSB contracts?


For VA procurements, a contracting officer may award a VOSB or SDVOSB contract as set forth in the VAAR. For non-VA SDVOSB contracts, a contracting activity may not make a requirement available for a SDVOSB contract if:

- (a) The contracting activity otherwise would fulfill that requirement through award to Federal Prison Industries, Inc. under 18 U.S.C. [4124](/usc/18/4124.md) or [4125](/usc/18/4125.md), or to Javits-Wagner-O'Day Act participating non-profit agencies for the blind and severely disabled, under [41 U.S.C. 8501](/usc/41/8501.md) et seq., as amended; or
- (b) An 8(a) BD program participant currently is performing that requirement or SBA has accepted that requirement for performance under the authority of the [section 8(a)](/cfr/13/8.md?p=a) BD program, unless SBA has consented to release of the requirement from the [section 8(a)](/cfr/13/8.md?p=a) BD program.

## Notes

### Authority

Authority: 15 U.S.C. 632(q), 634(b)(6), 644, 645, 657f, 657f-1.

### Source

Source: 87 FR 73412, Nov. 29, 2022, unless otherwise noted.