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
Office of Federal Contract Assistance for Veteran Business Owners
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)
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
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
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.
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.
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
NON-MANUFACTURERS (13 CFR 121.406(b))
SDVO SBC cannot exceed 500 employees
End item must be provided by a SB
WHAT CAN BE PROTESTED?
WHO MAY PROTEST?
WHEN ARE PROTESTS SUBMITTED?
WHERE ARE PROTESTS SUBMITTED?
HOW ARE PROTEST SUBMITTED?
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