What is SDVOB and How Does it Work?
Agency Strategies for Implementing Executive Order
13360
On October 20th, 2004, the President signed
Executive Order 13360 calling for an increase
federal contracting and subcontracting opportunities
for service-disabled veteran businesses. On December
12th, 2004, the Executive Office of the President
issued a memorandum to all Federal agencies on the
implementation of the Executive Order. This
memorandum provides guidance to assist agencies in
preparing their strategies to implement the Order as
defined by Public Law 108-183 and Veterans
Administration Law 109-461.
Among other things, the Order requires each
agency to:
1. provide a strategic plan on how they will meet
the 3% mandated purchase requirements for
Service-Disabled Veteran Owned Small Business (SDVOSB);
2. designate a senior-level official to be
responsible for developing and implementing the
agency's strategy; and
3. report its progress annually to the Small
Business Administration (SBA). The following
document captures percentages obtained since 2001
for agencies submitting data into FPDS-NG, and
reflects the overall progress made since the
implementation of PL 106-50.
Executive Order: Service-Disabled Veterans
Executive Order
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to strengthen opportunities in
Federal contracting for service-disabled veteran
businesses, it is hereby ordered as follows:
Section 1. Policy.
America honors the extraordinary service rendered
to the United States by veterans with disabilities
incurred or aggravated in the line of duty during
active service with the armed forces. Heads of
agencies shall provide the opportunity for
service-disabled veteran businesses to significantly
increase the Federal contracting and subcontracting
of such businesses. To achieve that objective,
agencies shall more effectively implement section
15(g) of the Small Business Act (15 U.S.C. 644(g)),
which provides that the President must establish a
goal of not less than 3 percent for participation by
service-disabled veteran businesses in Federal
contracting, and section 36 of that Act (15 U.S.C.
657f), which gives agency contracting officers the
authority to reserve certain procurements for
service-disabled veteran businesses.
Sec. 2. Duties of Agency Heads.
To implement the policy set forth in section 1,
heads of agencies shall:
(a) develop a strategy to implement the policy set
forth in section 1;
(b) make the agency's strategy publicly available
and report annually to the Administrator of the
Small Business Administration on implementation of
the agency's strategy;
(c) designate a senior-level official who shall be
responsible for developing and implementing the
agency's strategy;
(d) include development and implementation of the
agency's strategy and achievements in furtherance of
the strategy as significant elements in any
performance plans of the agency's designated agency
senior-level official, chief acquisition officer,
and director of small and disadvantaged business
utilization; and
(e) include in the agency's strategy plans for:
(i) reserving agency contracts exclusively for
service-disabled veteran businesses;
(ii) encouraging and facilitating participation by
service-disabled veteran businesses in competitions
for award of agency contracts;
(iii) encouraging agency contractors to subcontract
with service-disabled veteran businesses and
actively monitoring and evaluating agency
contractors' efforts to do so;
(iv) training agency personnel on applicable law and
policies relating to participation of
service-disabled veteran businesses in Federal
contracting; and
(v) disseminating information to service-disabled
veteran businesses that would assist these
businesses in participating in awards of agency
contracts.
Sec. 3. Additional Duties of Administrator of
the Small Business Administration.
The Administrator of the Small Business
Administration shall:
(a) designate an appropriate entity within the Small
Business Administration that shall, in coordination
with the Veterans Affairs' Center for Veterans
Enterprise (CVE), provide to service-disabled
veteran businesses information and assistance
concerning participation in Federal contracting;
(b) advise and assist heads of agencies in their
implementation of section 2 of this order; and
(c) make available to service-disabled veteran
businesses training in Federal contracting law,
procedures, and practices that would assist such
businesses in participating in Federal contracting.
Sec. 4. Additional Duties of Administrator of
General Services. The Administrator of General
Services shall:
(a) establish a Government-wide Acquisition Contract
reserved for participation by service-disabled
veteran businesses; and
(b) assist service-disabled veteran businesses to be
included in Federal Supply Schedules.
Sec. 5. Additional Duties of the Secretary of
Defense.
The Secretary of Defense shall direct the Defense
Acquisition University (DAU) to develop training on
contracting with service-disabled veteran businesses
and make this training available on line through the
DAU continuous learning program.
Sec. 6. Additional Duties of the Secretary of
Veterans Affairs.
The Secretary of Veterans Affairs shall assist
agencies by making available services of the CVE and
assist in verifying the accuracy of contractor
registration databases with regard to
service-disabled veteran businesses.
Sec. 7. Additional Duties of the Secretary of
Labor and Secretary of Veterans Affairs.
The Secretary of Labor and Secretary of Veterans
Affairs shall, respectively, direct the Transition
Assistance Program and the Disability Transition
Assistance Program to educate separating service
members as to the benefits available to
service-disabled veteran businesses and as to
potential entrepreneurial opportunities.
Sec. 8. Definitions. As used in this order:
(a) the term "agency" means an "executive agency"
as that term is defined in section 105 of title 5,
United States Code, excluding an executive agency
that has fewer than 500 employees, the Government
Accountability Office, or a Government corporation;
(b) the term "service-disabled" means, with respect
to disability, that the disability was incurred or
aggravated in the line of duty in the active service
in the United States Armed Forces;
(c) the term "service-disabled veteran" means a
veteran, as defined in 38 U.S.C. 101(2), with a
disability that is service-connected, as defined in
38 U.S.C. 101(16);
(d) the term "service-disabled veteran business"
means a small business concern owned and controlled
by service-disabled veterans, as defined in section
3(q) of the Small Business Act (15 U.S.C. 632(q));
and
(e) the term "small business concern" has the
meaning specified in section 3(a) of the Small
Business Act (15 U.S.C. 632(a)) and the definitions
and standards issued under that section.
Sec. 9. General Provisions.
(a) Heads of agencies shall carry out
duties assigned by sections 3, 4, 5, 6, and 7 of
this order to the extent consistent with applicable
law and subject to the availability of
appropriations.
(b) To the extent permitted by law, an agency shall
disclose personally identifying information on
service-disabled veterans to other agencies who
require such information in order to discharge their
responsibilities under this order.
(c) An agency that consists of a multi-member
commission shall implement this order to the extent
it determines appropriate to the accomplishment of
the agency's mission.
(d) This order is not intended to, and does not,
create any right or benefit, substantive or
procedural, enforceable at law or in equity by any
party against the United States, its departments,
agencies, instrumentalities or entities, its
officers, employees or agents, or any other person.
GEORGE W. BUSH
THE WHITE HOUSE,
October 20, 2004.
http://www.vetbiz.gov/fpp/eosdvob.pdf
http://www.sellingtoarmy.com/uploads/108-183.pdf
http://www.sellingtoarmy.info/user/showpage.aspx?SectionID=9
http://www.sellingtoarmy.com/DocumentStore/ShowItemDetails.aspx?StoreItemID=111
Department of the Army Proposed Acquisitions
Offered Exclusively for Service-Disabled
Veteran-Owned Set Asides Value: $1.7 Billion
Department of Veterans Affairs
http://www.va.gov/
Public Law 109-461 Dec 22. 2006
8% mandated requirements for SDVOB
Veterans Business Journal is now the official
magazine of NaVOBA,
the National Veteran-Owned Business Association.
www.navoba.com
|
