Set-Aside Alert news analysis:
A closer look at Sects. 851-854
Subtitle E, Sections 851-854 of the National Defense Authorization Act for Fiscal 2018 make changes in the definition of “commercial items” and contain related stipulations.
According to a news release from Sen, Joni Ernst, R-IA, chair of the Senate Armed Services Committee’s subcommittee on emerging threats and capabilities, the modified definition is a benefit to small businesses.
She called it “a provision that clarifies and revises the definition of a commercial item, to address concerns from small businesses who seek to sell items to both the Department of Defense and everyday Iowans.”
On the other hand, Sect. 854 under the same subtitle has language that may not be as beneficial to small businesses.
It states: “The preference for the acquisition of commercial items and nondevelopmental items under this section shall take priority over any small business set-aside program.” However, it adds that if the requirements can be met by a small business, then it may be set aside for a small business.
More information: Bill text: https://www.congress. gov/bill/115th-congress/house-bill/2810/text