Can requirements that are currently set aside for and being performed by small businesses be added to the Procurement List?
Yes. Requirements set aside for small businesses and being performed by small business firms may be added to the Procurement List for future provision by a nonprofit agency under the JWOD Program. Both the Javits-Wagner-O Day and Small Business Acts created preferential programs designed to provide certain types of organizations opportunities to participate in Federal contracting. However, the two pieces of legislation differ in that the JWOD statute makes it mandatory for Government entities to procure items designated by the Committee. The Small Business statute gives the contracting agency discretion as to whether there will be a small business set-aside (Comptroller General Decision, Files B-185802 and B-187235, March 11, 1977, 77-1 CPD 184). The contracting activity also has discretion in deciding whether a particular procurement will be set aside for labor surplus areas or for small and disadvantaged businesses. The JWOD Act (41 U.S.C. 46-48c) gives no such discretion to the cont
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