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U.S. SMALL BUSINESS ADMINISTRATION. Office of Federal Contract Assistance for Veteran Business Owners. PROGRAM HISTORY. Public Law 106-50 - The Veteran's Entrepreneurship and Development Act of 1999 Public Law 108-183 – The Veterans Benefits Act of 2003
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U.S.SMALL BUSINESS ADMINISTRATION Office of Federal Contract Assistance for Veteran Business Owners
PROGRAM HISTORY Public Law 106-50 - The Veteran's Entrepreneurship and Development Act of 1999 Public Law 108-183 – The Veterans Benefits Act of 2003 SBA Interim Final Regulations – 69 FR 25262 (May 5, 2004) Executive Order 13360 – October 26, 2004 SBA Office of Hearings and Appeals Interim Final Regulations – 70 FR 8923 (February 24, 2005) SBA Final Regulations – 70 FR 14523 (March 23, 2005)
Executive Order 13360 • SBA is the coordinating entity for veteran contracting advocacy for the Federal Government • Agenciesstrategic plans are available on-line • www.sba.gov/GC • www.vetbiz.gov • Each respective Agency’s website • SBA has reviewed all of the plans • SBA will meet with each designated official • Agencies must report annually to SBA
PROGRAM ELIGIBILITY REQUIREMENTS Adjudication by VA and DOD SDVs must maintain a copy of their disability determination from DOD or VA SDVO SBC must be small In accordance with North American Industry Classification Standard (NAICS) code assigned to contract (13 CFR 121.201)(see www.sba.gov/size) 51% Ownership & Control Unconditionally and directly owned by SDV (13 CFR 125.9) Management and daily business operations controlled by SDV (13 CFR 125.10) Highest Position Held in SDVO SBC CEO or President
CONTRACT MECHANISMS Set-Aside Exemptions Competitive Set-asides Considerations Sole Source Simplified Acquisitions
TEAMING ARRANGEMENTS JOINT VENTURES (13 CFR 125.15(b)) An SDVO SBC may joint venture with one or more other small business concern The SDV must manage the venture and an SDVO SBC employee must be the project manager Size Requirements: Employee-Based NAICS If the procurement exceeds $10mil, each SBC must be small for the NAICS assigned to the contract. If the procurement is below $10mil (or bundled), the combined number of employees of the SBCs entering into the joint venture must be small for the NAICS assigned to the contract. Revenue-Based NAICS If a procurement exceeds half the size standard corresponding to the NAICS code assigned to the contract, each SDVO SBC’s must be small for the NAICS assigned to the contract. If the procurement does not exceed half the size standard corresponding to the NAICS code assigned to the contract (or bundled), the combined annual receipts of all the SBCs entering into the joint venture must be small for the NAICS assigned to the contract.
TEAMING ARRANGEMENTS SUBCONTRACTING An SDVO SBC contractor can subcontract part of an SDVO SB contract, provided that the concern meets the Limitations on Subcontracting (13 CFR 125.6(b)) Services – 50% spent on SDVO SBC personnel Supplies or Products – 50% performed by SDVO SBC General Construction – 15% spent on SDVO SBC personnel Special Trade Construction – 25% spent on SDVO SBC personnel JV must also meet Limitation on Subcontracting requirements
ADDITIONAL CONTRACT REQUIREMENTS NON-MANUFACTURERS (13 CFR 121.406(b)) SDVO SBC cannot exceed 500 employees End item must be provided by a SB
PROTEST PROCEDURES WHAT CAN BE PROTESTED? WHO MAY PROTEST? WHEN ARE PROTESTS SUBMITTED? WHERE ARE PROTESTS SUBMITTED? HOW ARE PROTEST SUBMITTED?
PROTEST DETERMINATION APPEALS Interested parties may submit an Appeal to the protest determination Appeals are submitted to SBA’s Office of Hearings and Appeals Due 10 days after receipt of protest determination Appeals are filed in accordance with 13 CFR 134.501
HOW YOU CAN HELP • Understand that this is not an “entitlement” program; you must market your company • Register in Central Contractor Registration • Register in Dept of Veterans Affairs VIP Database • Complete Online Representations and Certifications Application (ORCA) • Review FedBizOpps on a regular basis • Review SUB-Net on regular basis • Meet with Program Managers and Contracting Officers • Register in Agencies and prime contractor’s SDV marketing database • Seek certifications, e.g., 8(a), HZ, SDB, DOT MBE • Seek assistance from SBA Veteran Business Development Officers • Seek assistance from Small Business Development Centers • Seek assistance from DOD Procurement Technical Development Centers • Seek assistance from SBA Procurement Center Representatives/Commercial Marketing Representatives • Attend outreach sessions
List of Resources • Small Business Administration www.sba.gov • Service-Disabled Veteran-Owned Small Business Program www.sba.gov/GC • Online Training Courses www.sba.gov/training/courses.html • Certification Programs www.sba.gov/gcbd • Procurement Academy www.sba.gov/gcbd/accessing_contracts • Lending Programs www.sba.gov/VETS/lending • Surety Bonding www.sba.gov/osg • Veterans Business Development (www.sba.gov/VETS) • Subcontracting Opportunities - SUB-Net (web.sba.gov/subnet) • Business Partner Network www.bpn.gov • Central Contractor Registration (CCR) • Online Representations and Certifications Application (ORCA) • Dept of Veterans Affairs – Center for Veterans Enterprise www.vetbiz.gov
List of Resources • Federal Business Opportunities (www.FedBizOpps.gov) • Federal Small Business Directors (www.osdbu.gov) • Veteran Business Development Officers (www.sba.gov/VETS/reps.html) • Small Business Development Centers (www.sba.gov/sbdc) • Service Corps of Retired Executives (SCORE) (www.score.org) • DOD Procurement Technical Development Centers (www.dla.mil/db/procurem.htm) • Procurement Center Representatives (www.sba.gov/GC/pcr.html) • Commercial Marketing Representatives (www.sba.gov/GC/indexcontacts-cmrs.html) • Business Matchmaking Sessions (www.businessmatchmaking.com) • Public Laws (thomas.loc.gov/home/thomas.html) • Code of Federal Regulations (www.gpoaccess.gov/ecfr/) • Federal Regulations (www.archives.gov) • Federal Acquisition Regulation (www.arnet.gov/far)
ASSISTANT ADMINISTRATOR • TERESA L.G. LEWIS • 409 Third Street, SW • 8th Floor • Washington DC 20416 • Phone: (202) 205-7330 • Fax: (202) 205-6390 • E-mail: SDVMail@sba.gov • Web Page: www.sba.gov/GC