Section 20.130  Review of Agency Requests for Specific Exemptions

a)         A contract may be exempted from the goal prior to the solicitation being posted if it is determined that the specific contract does not represent a procurement opportunity for SDVOSBs and VOSBs as defined in Section 20.120, or that there are not sufficient SDVOSBs and VOSBs to ensure competition and an expectation of reasonable prices.

b)         The exemption request must be documented in a written memorandum of decision. The memorandum must indicate, based on the best information available, that the particular contract does not represent a procurement opportunity for SDVOSBs and VOSBs, or that there are not sufficient SDVOSBs and VOSBs to ensure competition and an expectation of reasonable prices. The memorandum must be approved in writing by the agency Director.

c)         CMS or the procuring State agency, as delegated by CMS, shall exempt specific contracts from the goal if it determines that the agency did provide reasonable proof that certified SDVOSBs and VOSBs are not available to meet the contracting need.

d)         A construction agency may exempt specific contracts from the goal if it documents reasonable proof that certified SDVOSBs and VOSBs are not available to meet the contracting need.