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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: October 26, 2004

SUBJECT: Executive Order 13360, Providing Opportunities for Service-Disabled Veteran Businesses To Increase Their Federal Contracting and Subcontracting

SOURCE: Federal Register, October 26, 2004, Vol. 69, No. 206, page 62547

AGENCIES: The President

ACTION: Issuance of Executive Order

SYNOPSIS: On October 20, 2004, President Bush issued Executive Order (EO) 13360 to "strengthen opportunities in federal contracting for service-disabled veteran businesses."

EDITOR'S NOTE: For more on the provisions of the Veterans Benefits Act of 2003 (Public Law 108-183), see the December 18, 2003, FEDERAL CONTRACTS DISPATCH "Enactment of the Veterans Benefits Act of 2003."

For more on the implementation of Public Law 108-183, Section 308, Procurement Program for Small Business Concerns Owned and Controlled by Service-Disabled Veterans, in the Federal Acquisition Regulation (FAR) and the Small Business Administration's (SBA) regulations, see the May 5, 2004, FEDERAL CONTRACTS DISPATCH "Federal Acquisition Circular (FAC) 2001-23 and Small Business Administration (SBA); Program for Service-Disabled Veteran-Owned Small Business Concerns."

EFFECTIVE DATE: October 20, 2004

SUPPLEMENTAL INFORMATION: Section 308 of Public Law 108-183 amended the Small Business Act to establish a service-disabled veteran-owned small business (SDVOSB) set-aside program. On May 5, 2004, the SDVOSB program was implemented with the addition of FAR Subpart 19.14, Service-Disabled Veteran-Owned Small Business, and additions to SBA's regulations in Title 13 of the Code of Federal Regulations (CFR), Part 125, Government Contracting Programs.

On October 20, 2004, President Bush issued EO 13360 directing agencies to "more effectively implement...the Small Business Act...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...which gives agency contracting officers the authority to reserve certain procurements for service-disabled veteran businesses." The EO makes the following assignments:

• Agency heads are to:
  
  
  • Develop a strategy to implement the President's policy. The strategy must include:
    
    
    • Reserving contracts for SDVOSBs;
      
      
    • Encouraging and facilitating participation by SDVOSBs in agency contracts competitions;
      
      
    • Encouraging agency contractors to subcontract with SDVOSBs, and actively monitoring and evaluating contractors' efforts to do so;
      
      
    • Training agency personnel on applicable law and policies relating to participation of SDVOSBs in federal contracting; and
      
      
    • Disseminating information to SDVOSBs that would assist them in participating in awards of agency contracts.
    
    
  • Make the agency's strategy publicly available and report annually to the SBA on implementation of the agency's strategy.
    
    
  • Designate a senior-level official responsible for developing and implementing the agency's strategy.
    
    
  • Include development and implementation of the agency's 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.
  
  
• The SBA administrator is to:
  
  
  • Designate an entity within SBA that will, in coordination with the Department of Veterans Affairs' Center for Veterans Enterprise (CVE), provide information and assistance concerning participation in federal contracting to SDVOSBs.
    
    
  • Advise and assist agency heads in the implementation of their assignments.
    
    
  • Make available to SDVOSBs training in federal contracting law, procedures, and practices that would help them participate in federal contracting.
  
  
• The General Services Administration (GSA) Administrator is to:
  
  
  • Establish a government-wide acquisition contract (GWAC) that is reserved for participation by SDVOSBs.
    
    
  • Assist SDVOSBs to be included in Federal Supply Schedules.
  
  
• The Secretary of Defense is to direct the Defense Acquisition University (DAU) to develop training on contracting with SDVOSBs and make this training available on-line through the DAU continuous learning program.
  
  
• The Secretary of Veterans Affairs is to assist agencies by making available CVE services and assist in verifying the accuracy of contractor registration databases with regard to SDVOSBs.
  
  
• The Secretary of Labor and the Secretary of Veterans Affairs are to direct the Transition Assistance Program and the Disability Transition Assistance Program to educate separating service members on the benefits available to SDVOSBs and to potential entrepreneurial opportunities.

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

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