13 CFR § 128.403 - What requirements are not available for VOSB or SDVOSB contracts?

---
identifier: "/us/cfr/t13/s128.403"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "13 CFR § 128.403 - What requirements are not available for VOSB or SDVOSB contracts?"
title_number: 13
title_name: "Business Credit and Assistance"
section_number: "128.403"
section_name: "What requirements are not available for VOSB or SDVOSB contracts?"
chapter_name: "SMALL BUSINESS ADMINISTRATION"
part_number: "128"
part_name: "VETERAN SMALL BUSINESS CERTIFICATION PROGRAM"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "15 U.S.C. 632(q), 634(b)(6), 644, 645, 657f, 657f-1."
regulatory_source: "87 FR 73412, Nov. 29, 2022, unless otherwise noted."
cfr_part: "128"
---


# 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 or 4125, or to Javits-Wagner-O'Day Act participating non-profit agencies for the blind and severely disabled, under 41 U.S.C. 8501 *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) BD program, unless SBA has consented to release of the requirement from the section 8(a) BD program.