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Serving Those Who Served. The New Contracting Priority for Service-Disabled & Veteran-Owned Small Businesses. Developing Veterans Entrepreneurship. Veterans Entrepreneurship and Small Business Development Act of 1999 (Public Law 106-50) Veterans Benefits Act of 2003 (Public Law 108-183)

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serving those who served

Serving Those Who Served

The New Contracting Priority for Service-Disabled & Veteran-Owned Small Businesses

developing veterans entrepreneurship
Developing Veterans Entrepreneurship
  • Veterans Entrepreneurship and Small Business Development Act of 1999 (Public Law 106-50)
  • Veterans Benefits Act of 2003 (Public Law 108-183)
  • Executive Order 13360 (October 20, 2004)
  • Veterans Benefits, Healthcare, and Information Technology Act of 2006 (Public Law 109-461)
va hierarchy of programs
VA Hierarchy of Programs
  • Service-disabled veteran-owned firms
  • Veteran-owned firms
  • HUBZone firms and 8(a) participants (tied)
  • All others (including general small business)

[Public Law 109-461, § 502]

definitions
Service-Disabled Veteran-Owned Small Business

One or more service-disabled veterans—

Own 51% or more of the firm

Manage and control the daily operations of the firm

Firm must be small under relevant industry (NAICS) code

Firm must register and be verified in VetBiz Vendor Information Pages

[FAR 2.101, VAAR 802.101]

Veteran-Owned Small Business

One or more veterans—

Own 51% or more of the firm

Manage and control the daily operations of the firm

Firm must be small under relevant industry (NAICS) code

Firm must register and be verified in VetBiz Vendor Information Pages

[FAR 2.101, VAAR 802.101]

Definitions
acquisition planning
Acquisition Planning

Market Research

  • “Shall” consider service-disabled and veteran-owned firms first
  • “Shall” document that research for file
    • “Shall” keep records of VIP queries done to determine acquisition strategy
  • “Shall” document consideration of IDIQ orders from veteran contract holders only
    • “Shall” obtain HCA and OSDBU review and approval before soliciting from all contract holders

[VAAR 807.103, 807.105, 810.002]

required sources of supplies
Required Sources of Supplies

Agency inventories and excess

Service-disabled veteran-owned small firms

Veteran-owned small firms

Federal Prison Industries

JWOD

Wholesale supply sources

National committed use contract awarded by VA National Acquisition Center

Mandatory Federal Supply Schedules including VA Schedules in Groups 65 and 66

Optional Federal Supply Schedules

Indefinite Delivery / Indefinite Quantity (IDIQ) contracts

Commercial sources and open market purchases

Existing FAR 8.002(a)(1)

New VAAR 808.002(a)

required sources of services
Required Sources of Services

Service-disabled veteran-owned small firms

Veteran-owned small firms

JWOD

Mandatory Federal Supply Schedules

Optional Federal Supply Schedules

Federal Prison Industries or commercial sources

Existing FAR 8.002(a)(2)

New VAAR 808.002(b)

federal supply schedules
Federal Supply Schedules
  • “May” set-aside task or delivery orders, or BPAs, for service-disabled or other veteran-owned small firms
    • Previously, could “consider” socioeconomic factors
  • “Shall” include evaluation factors in Requests for Quotations (RFQs)
    • Give maximum consideration for service-disabled and veteran-owned firms

[VAAR 808.405-5]

sole source authority
Sole Source Authority

“May” sole-source to service-disabled veteran firm if—

    • Price not more than $5 million
    • Firm determined responsible
    • Award at fair and reasonable price

“May” sole-source to veteran small business if—

    • No responsible service-disabled veteran firm identified

Note:

  • Noncompetitive actions exempt from synopsizing in FedBizOpps

[VAAR 805.202, 819.7007, 819.7008]

set aside authority
Set-Aside Authority

“May” set-aside for service-disabled veteran firms if contracting officer has reasonable expectation of—

    • Receiving two or more offers
    • Making award at fair market price

“May” set-aside for veteran small businesses if—

    • Contracting officer first considered service-disabled veteran set-aside

Note:

  • Micro-purchases eligible for set-aside
  • Interested party may protest decision not to set-aside, if over simplified acquisition threshold[FAR 19.1405, VAAR 813.202, 819.407, 819.7005, 819.7006]
subcontracting plans
Subcontracting Plans

Contracting officer “shall” ensure offerors have goals “at least commensurate with” prime contracting goals

OSDBU “shall” review achievement reports to ensure subcontracts awarded to eligible firms

[VAAR 819.704]

reporting requirements
Reporting Requirements

Federal Procurement Data System Revised

  • New fields to collect information on use of new authorities

VA Contracting Accomplishments Reported

  • Mandates annual report to Congress by December 31
  • Heightens importance of FPDS entries by October 31

[VAAR 804.6, 804.604]

protests and debarment
Protests and Debarment
  • Eligibility of firms may be protested
  • Misrepresentation of service-disabled or veteran-owned status is cause for debarment at VA
    • Firm “shall” be debarred for 5 years
    • Information will be shared with other agencies for making responsibility determinations

[VAAR 809.406-2, 819.307]

va mentor prot g program
VA Mentor-Protégé Program

Goals

  • Encourage large businesses to provide mutually beneficial developmental assistance
    • E.g., Mentor receives evaluation points toward award of negotiated contracts, credit toward subcontracting plan achievements, and awards/recognition
    • E.g., Protégé may receive management guidance, technical assistance, temporary assignment of personnel for training
    • Note: Protégé must be service-disabled or other veteran-owned small business
  • Improve prime contractor and subcontractor performance
  • Foster long-term business relationships
  • Strengthen and improve prime contracting and subcontracting opportunities at VA

[VAAR 819.7101, 819.7105, 819.7106, 819.7111]

questions
Questions?

Office of Small & Disadvantaged Business Utilization (OSDBU)

U.S. Department of Veterans Affairs

810 Vermont Avenue, N.W. (00SB)

Washington DC 20420

202.461.4300 www.va.gov/osdbu