Sources Sought Notices: The Pre-Solicitations Most Veteran Businesses Ignore (and Why That's a Mistake)

Quick note before we start: I'm a civilian who runs this newsletter. I'm not a veteran, I haven't held a federal contract, and I'm definitely not a lawyer. What follows is what I learned from digging through SAM.gov, agency vendor guides, and case law, written in plain English. For your specific situation, your nearest APEX Accelerator or VBOC is the right call — they're free, and they actually know your industry. Where I cite a rule or a court case below, I link the original.

The first time I saw a Sources Sought notice on SAM.gov, I almost scrolled past it. No contract attached. No bid to submit. Just a description of something the agency was thinking about buying, and a deadline to send them information about your company. It looked like homework with no grade.

It took me a while to understand I was looking at it wrong. Sources Sought notices might be the single highest-leverage moment a small veteran-owned business gets in the federal procurement process. Skipping them is like ignoring the foundation pour and showing up to bid on the roof.

Here's what's actually going on, and why these notices matter more than they look.

What a Sources Sought notice actually is

Before an agency writes a formal solicitation, the contracting officer has to do their homework. They need to figure out what the market looks like — who can do the work, what it might cost, whether the requirement should be set aside for small businesses, and if so, what kind.

A Sources Sought notice is the agency raising its hand and asking the room: "If we needed this, defined roughly like this, who out there could actually do it?"

It is not a request for proposals. It is not a bid. No contract gets awarded from a Sources Sought, full stop. The notice itself usually says so in plain language — something like "this is for market research purposes only" and "no contract will be awarded from this announcement."

That's the disclaimer that throws beginners off. People read it and think, why bother? But that's the trap. The notice isn't worthless because no contract is attached — it's powerful precisely because the contract hasn't been written yet.

Why your response actually shapes the contract

When you respond to a Sources Sought, three things are happening at the same time:

You're influencing whether the contract becomes a set-aside at all. The contracting officer is sitting at their desk trying to figure out if there are enough capable small businesses to justify restricting competition. Your response is evidence that goes straight into that decision.

You're influencing what kind of set-aside it becomes. SDVOSB? VOSB? 8(a)? Total small business? The answer depends partly on who responds. If three SDVOSBs send in detailed, credible capability statements, that's hard data pointing toward an SDVOSB set-aside. If nobody responds, the contract drifts toward broader competition or no set-aside at all.

You may be influencing the requirements themselves. Sources Sought is the window where agencies can still adjust scope. If the draft requirements quietly favor one giant incumbent — and that's not you — pointing it out (politely, with evidence) can result in changes that level the playing field.

That third one is where the real pre-award positioning happens. By the time the formal solicitation drops, the requirements are basically locked. Sources Sought is the last room where they're still wet clay.

The Rule of Two: why VA Sources Sought are extra important

This part surprised me when I first learned it, and it's the single biggest reason I'm telling you to take Sources Sought seriously.

In 2006, Congress passed the Veterans Benefits, Health Care, and Information Technology Act (the relevant chunk lives at 38 U.S.C. § 8127). It created what's now called the VA Rule of Two: when the VA is buying goods or services, and the contracting officer reasonably expects that two or more SDVOSBs or VOSBs would submit offers at a fair and reasonable price, the contract must be set aside for those firms. Not "may." Must.

The VA dragged its feet on actually following this for years. Then in 2016, the Supreme Court ruled unanimously in Kingdomware Technologies, Inc. v. United States that the Rule of Two is mandatory and applies broadly to VA procurements. As far as I can tell from the legal commentary, that's the most important set-aside ruling for veteran businesses in the last twenty years.

Now — what does that have to do with Sources Sought? Here's the part nobody walked me through clearly when I was figuring this out, so I'll try to walk you through it.

The phrase "reasonable expectation" is doing a lot of work in that statute. The contracting officer can't just guess. They have to document their conclusion that two or more capable SDVOSBs exist, and that documentation has to be defensible — because if it's wrong, a competitor can protest the decision and the VA can lose in court. So when the contracting officer sits down to decide whether to set a contract aside, they're building a written case file. That case file pulls from a few specific places:

  1. The SBA's veteran small business certification database — the contracting officer searches by NAICS code to see how many certified SDVOSBs and VOSBs are out there on paper.

  2. Past contract history — have these firms actually performed work like this before? For whom? At what scale?

  3. Responses to Sources Sought notices — direct evidence that real, specific firms are interested in this specific work and capable of doing it.

That third bucket is where you come in. The database tells the contracting officer that capable firms exist somewhere. Past contract data tells them what those firms have done before. But Sources Sought responses tell them which firms are paying attention to this contract right now and saying "yes, we can do this exact thing." That's the freshest, most decision-relevant evidence in the file.

Here's a real example to make it concrete. In a 2020 GAO bid protest decision (CRAssociates, Inc., B-419346), a non-veteran competitor argued the VA shouldn't have set aside a community-based outpatient clinic contract for SDVOSBs. The VA defended the decision by pointing to its market research — and specifically to three SDVOSBs that had responded to the Sources Sought, each of whom the contracting officer concluded was capable based on their actual response content. One had served 5,000+ patients annually under an existing VA contract. Another operated 30 similar clinics nationally. The third had been awarded four prior VA contracts at comparable patient volumes. GAO sided with the VA. The set-aside stood. Those three responding firms quite literally built the legal foundation for the set-aside that they were then competing under.

If two SDVOSBs respond with credible capability statements, the math for an SDVOSB set-aside gets very hard for the contracting officer to avoid. If nobody responds, the set-aside falls apart and the contract drifts toward broader small business or full-and-open competition by default.

Sit with that for a second. The collective decision of veteran-owned firms not to respond is, in aggregate, one of the reasons some VA contracts never end up as set-asides in the first place.

A caveat I have to flag: the VA Rule of Two applies only to the VA. Other agencies operate under FAR 19.502-2, which is a different rule with different mechanics. The general principle — that your responses shape set-aside decisions — still applies elsewhere. But for VA work specifically, the Rule of Two is the rule that matters, and it's the reason a Sources Sought from the VA should jump to the top of your stack.

How Sources Sought differs from an RFI

You'll see both. They overlap a lot in practice, and some agencies use the terms almost interchangeably.

The technical difference is that Sources Sought zeroes in on identifying capable vendors, especially small businesses. An RFI (Request for Information) is broader — it might ask about pricing, technical approaches, or whether a solution to the agency's problem even exists. For practical purposes, your response strategy is similar for both: take it seriously, address the specific requirements, and back up your claims with evidence.

The honest tradeoffs

I'd be selling you something if I only mentioned the upside. Two real costs:

Time. A good Sources Sought response is not a one-page company brochure. The Air Force vendor guide I read explicitly warns that those generic line-card responses make a company look like they're wasting the agency's time. A real response addresses each task or requirement, with examples, references, and detail. That takes hours, sometimes days. Page limits vary but 10-15 is a common cap.

Spending real effort with no contract attached. You're putting in work for something that has no guaranteed return. If the agency cancels the procurement, or sets it aside in a category you don't qualify for, your hours don't turn into revenue.

The way experienced contractors handle this is by being picky. They don't respond to every Sources Sought — they respond to the ones where they're genuinely capable, where they'd actually bid on the resulting solicitation, and where the work fits their direction. Responding to everything dilutes the quality of each response and, per that same Air Force guide, builds a bad reputation with the contracting officer.

What to actually do this week

If you're new to this and want to start building the habit, I'd suggest:

  1. On SAM.gov, filter by Notice Type = "Sources Sought" and Set Aside = "SDVOSB Set-Aside (FAR 19.14)" or whichever socio-economic category fits you.

  2. Read three notices in your NAICS code. Don't respond. Just read them. Get a feel for how requirements are written and what "capability" looks like in your industry.

  3. Pick one where you'd genuinely be a strong candidate. Outline a response. Then — and this is the step I keep harping on — bring it to your local APEX Accelerator counselor for a review before you send anything. They've seen hundreds of these. They'll catch things you can't.

The thing that finally clicked for me is that this is a compounding game. The contracting officer reading your Sources Sought response today is often the same person writing the solicitation in 60-90 days. Showing up early — professionally, specifically, repeatedly — is how small veteran-owned firms go from invisible to "oh, we know that company" by the time the real bid drops.

That shift is worth the unpaid hours.

Sources

None of this is legal advice. For your specific situation, talk to your APEX Accelerator or a federal contracts attorney.

Keep Reading