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Sdv Agreement - Download as PDF - PDF

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					Federal Procurement                                              Task Force for Veterans
Assistance Laws for                                             Entrepreneurship Member                        Sole Source &
Service-Disabled                                                 Veterans Organizations
                                                                                                                 Restricted
Veteran-Ow ned Firms                                     Association for Service Disabled Veterans              Competition
Congress has enacted two laws to
                                                         Association of Small Business Development Centers   Set-Aside Law For
                                                         American GI Forum of the United States
assist small businesses owned and
                                                         AMVETS
                                                                                                              Service-Disabled
controlled by service disabled                                                                                 Veteran-Owned
                                                         Black Veterans for Social Justice, Inc.
veterans (SDVs): the Veterans
Benefits Act of 2003 (P.L. 108-183),
                                                         Blinded Veterans Association                        Small Businesses
                                                         Center for Veterans Issues
signed by President Bush on
                                                         Disabled American Veterans
December 16, 2003 and the Veterans
                                                         Enlisted Association of the National Guard
Entrepreneurship and Small
                                                         Jewish War Veterans of the USA
Business Development Act of 1999
                                                         Korean War Veterans Association
(P.L. 106-50), signed by President
                                                         National Association for Black Veterans
Clinton August 17, 1999.
                                                         National Association for Uniformed Services
P.L. 108-183 enables SDV-owned                           National Coalition for Homeless Veterans
firms to receive sole source and re-                     National Gulf War Resource Center
stricted competition contracts for                       National Organization for Competency Assurance
goods and services used by the U.S.                      NY State Coalition for Fairness to Veterans, Inc.
government. Congress enacted this                        Non-Commissioned Officers Association of the USA
statute after data collected from more                   Paralyzed Veterans of America
than 60 federal departments and                          Reserve Officers Association of the United States
agencies over a period of three years                    Retired Military Officers Association
showed that more than half of them                       The Retired Enlisted Association
reported        no    procurement                        The Veterans Advocacy Foundation
dollars expended with SDV-owned                          Veterans Benefits Clearinghouse
companies.                                               Veterans of Foreign Wars, Inc.
                                                         Vietnam Veterans of America
P.L. 106-50 establishes a 3 percent
                                                         Vietnam Veterans of California, Inc.
federal-wide procurement goal for
SDV-owned small firm contract and
subcontract participation.                               Visual Systems & Services would like to
                                                         thank Joseph K. Forney, SDV-USN, and
                                                         the California DVBE Alliance for their                P.L. 108-183—The
                                                         support in the production of this publication.
                                                                                                             Veterans Benefits Act
                                                                                                              of 2003, Section 308

                                                               “America’s disabled veterans
                                                            continue to pay the cost of freedom.”
                                                                                                                “America’s disabled
                                                                                                                veterans continue to
                                                                                                                   pay the cost of
                                                                                                                     freedom.”
President Bush signs H.R. 2297, the                        For additional information please
V e t e r a n s B e n e f i t s A c t of 2 0 0 3 , a s
(l-to-r)        House          Veterans     Affairs       contact: Jim Hackett, SDV (Combat                        www.visusys.com
Committee Chairman Chris Smith,                           Wounded) - USMC @ 661.775.8616
Ranking Member Lane Evans and
Subcommittee on Benefits Chairman                                   www.visusys.com
Henry Brown look on.
                                                                                                                   Who is Eligible?
                                                            (A) $5,000,000, in the case of a contract oppor-
The Veterans Benefits                                       tunity assigned a standard industrial classifica-
                                                            tion code for manufacturing; or                        The Small Business Act definition of
Act of 2003—Sec. 308                                        (B) $3,000,000, in the case of any other contract      service-disabled veteran (established by
(P.L. 108-183)                                              opportunity; and                                       P.L. 106-50 in 1999) refers to title 38 USC,
                                                                                                                   Section 101(16):
                                                  (3) in the estimation of the contracting officer, the contract
                                                  award can be made at a fair and reasonable price.                The term ''service-connected'' means, with re-
               H.R. 2297                                                                                           spect to disability or death, that such disability
                                                  (b) RESTRICTED COMPETITION– In accordance with
                                                                                                                   was incurred or aggravated, or that the death
 Veterans Benefits Act of 2003 (Engrossed         this section, a contracting officer may award contracts on
                                                                                                                   resulted from a disability incurred or aggravated,
 Amendment as Agreed by the Senate and            the basis of competition restricted to small business con-
                                                                                                                   in line of duty in the active military, naval, or air
        Signed by the President)                  cerns owned and controlled by service-disabled veterans if
                                                                                                                   service.
                                                  the contracting officer has a reasonable expectation that not
SEC. 308. PROCUREMENT PROGRAM                     less than 2 small business concerns owned and controlled         This definition applies to the new sole source and
FOR SMALL BUSINESS CONCERNS                       by service-disabled veterans will submit offers and that the     restricted competition program under P.L. 108-
OWNED AND CONTROLLED BY                           award can be made at a fair market price.                        183 and the three percent (3%) goal program
SERVICE-DISABLED VETERANS.                                                                                         set by P.L. 106-50, and includes veterans with 0
                                                  (c) RELATIONSHIP TO OTHER CONTRACTING PREF-                      % and higher VA disability ratings.
The Small Business Act (15 U.S. C. 631 et         ERENCES– A procurement may not be made from a source
seq.) is amended by redesignating section 36      on the basis of a preference provided under a subsection (a)
as section 37 and by inserting after section 35   or (b) if the procurement would otherwise be made from a         Senate and House
the following new section:                        different source under section 4124 or 4125 of title 18,
                                                  United State Code, or the Javits-Wagner-O’Day Act (41            Agreement Language
Sec. 36. PROCUREMENT PROGRAM FOR                  U.S.C. 46 et seq.).                                              To ensure that the new Sole Source and Re-
SMALL BUSINESS CONCERNS OWNED                                                                                      stricted Competition Law for Service-Disabled
AND CONTROLLED BY SERVICE-                        (d) ENFORCEMENT; PENALTIES– Rules similar to the                 Veteran-Owned Small Business would not ex-
DISABLED VETERANS.                                rules of paragraphs (5) and (6) of section 9(m) shall apply      perience implementation delays, Senate and
                                                  for purposes of this section.                                    House Veterans Affairs Committee adopted this
(a) SOLE SOURCE CONTRACTS– In                                                                                      compromise agreement language accompanying
    accordance with this section, a               (e) CONTRACTING OFFICER– For purposes of this sec-               H.R. 2297: “The Committees intend that a deter-
    contracting officer may award a sole          tion, the term ‘contracting officer’ has the meaning given       mination of service-connection by the Secretary
    source contract to any small business         such term in section 27(f)(5) of the Office of the Federal       of Veterans Affairs would be binding on the SBA
    concern owned and controlled by               Procurement Policy Act (41 U.S.C. 423(f)(5)).                    for purposes of participation in this program.
    service-disabled veterans if—                                                                                  The Committees also urge the SBA and the Office
                                                                                                                   of Federal Procurement Policy to expeditiously
( 1 ) such concern is determined to be a                                                                           and transparently implement this program, per-
      responsible contractor with respect to                                                                       form outreach, and provide the necessary re-
      performance of such contract                                                                                 sources to improve results with respect to SBCs
      opportunity and the contracting officer                                                                      owned and operated by service-disabled veter-
      does not have a reasonable expectation                                                                       ans. The Committees note that in 1999, Public
      that 2 or more small business concerns                                                                       Law 106-50 established a 3 percent government-
      owned and controlled by service-                                                                             wide goal for procurement from service-disabled
      disabled veterans will submit offers for                                                                     veterans. To date, all Federal agencies fall far
      the contracting opportunity;                     “The heaviest burdens in our war on                         short of reaching this procurement goal.”
                                                       terror fall, as always, on the men
(2) the anticipated award price of the                 and women of our armed forces...”                           For additional information please contact: Jim
    contract (including options) will not              President Bush —September-7-2003                            Hackett, SDV (Combat Wounded) - USMC @
    exceed—                                                                                                        661.775.8616 www.visusys.com

				
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