Set-Asides & Socioeconomic Programs

Rule of Two

The requirement to set aside an acquisition when two or more capable small businesses are expected to bid at fair prices.

The Rule of Two requires a contracting officer to set aside an acquisition for small business (or a socioeconomic category) when there is a reasonable expectation that offers will be received from at least two responsible business concerns in that category and that award will be made at fair-market prices. For the VA, the Supreme Court's 2016 Kingdomware decision confirmed the VA must apply the Rule of Two for veteran-owned firms before using other procurement vehicles, including the Federal Supply Schedule.

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