VETERAN OWNED SMALL BUSINESSES

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VETERAN OWNED SMALL BUSINESSES

• Stephanie Lewis 817-684-5305
• Stephanie.lewis_at_sba.gov
• Paul Stone 817-886-1024
• Paul.p.stone_at_swf02.usace.army.mil
• U.S. Small Business Administration
• Office of Government Contracting, Ft. Worth
• Area Office V

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What is a Veteran Owned Small Business?
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Veteran Owned Small Business

• Federal Acquisition Regulation (FAR) 2.101
• "Veteran-owned small business concern" means a
  small business concern-
• (1) Not less than 51 percent of which is owned by
  one or more veterans (as defined at 38 U.S.C.
  101(2)) or, in the case of any publicly owned
  business, not less than 51 percent of the stock
  of which is owned by one or more veterans and
• (2) The management and daily business operations
  of which are controlled by one or more veterans.

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38 U.S.C. 101(2)

• The term "veteran" means a person who served
  in the active military, naval, or air service,
  and who was discharged or released therefrom
  under conditions other than dishonorable.

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Active Duty

• The term ''active duty'' means - (A) full-time
  duty in the Armed Forces, other than active duty
  for training (B) full-time duty (other than for
  training purposes) as a commissioned officer of
  the Regular or Reserve Corps of the Public Health
  Service (i) on or after July 29, 1945, or (ii)
  before that date under circumstances affording
  entitlement to ''full military benefits'' or
  (iii) at any time, for the purposes of chapter 13
  of this title (C) full-time duty as a
  commissioned officer of the National Oceanic and
  Atmospheric Administration or its predecessor
  organization the Coast and Geodetic Survey (i) on
  or after July 29, 1945, or (ii) before that date
  (I) while on transfer to one of the Armed Forces,
  or (II) while, in time of war or national
  emergency declared by the President, assigned to
  duty on a project for one of the Armed Forces in
  an area determined by the Secretary of Defense to
  be of immediate military hazard, or (III) in the
  Philippine Islands on December 7, 1941, and
  continuously in such islands thereafter, or (iii)
  at any time, for the purposes of chapter 13 of
  this title (D) service as a cadet at the United
  States Military, Air Force, or Coast Guard
  Academy, or as a midshipman at the United States
  Naval Academy and (E) authorized travel to or
  from such duty or service.

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Discharged

• The term ''discharge or release'' includes (A)
  retirement from the active military, naval, or
  air service, and (B) the satisfactory completion
  of the period of active military, naval, or air
  service for which a person was obligated at the
  time of entry into such service in the case of a
  person who, due to enlistment or reenlistment,
  was not awarded a discharge or release from such
  period of service at the time of such completion
  thereof and who, at such time, would otherwise
  have been eligible for the award of a discharge
  or release under conditions other than
  dishonorable

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Service Disabled Veteran Owned Small Business

• Federal Acquisition Regulation 2.101
• (1) Means a small business concern-
• (i) Not less than 51 percent of which is owned by
  one or more service-disabled veterans or, in the
  case of any publicly owned business, not less
  than 51 percent of the stock of which is owned by
  one or more service-disabled veterans and
• (ii) The management and daily business operations
  of which are controlled by one or more
  service-disabled veterans or, in the case of a
  service-disabled veteran with permanent and
  severe disability, the spouse or permanent
  caregiver of such veteran.
• (2) Service-disabled veteran means a veteran, as
  defined in 38 U.S.C. 101(2), with a disability
  that is service-connected, as defined in 38
  U.S.C. 101(16).

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38 U.S.C. 101(16)

• The term "service-connected" means, with
  respect to disability or death, that such
  disability was incurred or aggravated, or that
  the death resulted from a disability incurred or
  aggravated, in line of duty in the active
  military, naval, or air service.
•  

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Confirmation of status as Service Disabled Vet

• Contact the National Archives and Records
  Administration at http//www.archives.gov to
  request certified copies of your Department of
  Defense discharge papers that demonstrates a
  service-incurred disability. Additionally, if
  you have been adjudicated by the Department of
  Veterans Affairs as having a service-connected
  disability, contact your local VA regional office
  for appropriate documentation.
• DD214 CERTIFICATE OF RELEASE OR DISCHARGE FROM
  ACTIVE DUTY

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Surviving Spouse

• The term ''surviving spouse'' means a person of
  the opposite sex who was the spouse of a veteran
  at the time of the veteran's death, and who lived
  with the veteran continuously from the date of
  marriage to the date of the veteran's death
  (except where there was a separation which was
  due to the misconduct of, or procured by, the
  veteran without the fault of the spouse) and who
  has not remarried or (in cases not involving
  remarriage) has not since the death of the
  veteran, and after September 19, 1962, lived with
  another person and held himself or herself out
  openly to the public to be the spouse of such
  other person.

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• Questions?

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How Do I Know if I Am A Small Business?
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How to Determine if you Qualify as a Small
Business

• When you bid on a federal contract, the
  Contracting Officer will assign a NAICS (North
  American Industry Classification System) code to
  the solicitation.
• Six digit number describing the commodity
  (product or service) being acquired by the
  procurement.
• Each NAICS has a corresponding size standard,
  expressed in either number of employees or gross
  average annual receipts, not both
• If you are less than the size standard, you are a
  small business
• You will be asked to mark your size status in the
  Reps Certs section

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www.sba.gov/size

• NAICS KeyWord Search
• https//eweb1.sba.gov/naics/dsp_naicssearch2.cfm

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SBA or self-certification?

• Self-certification
• Small Business
• Woman-owned Small Business
• Veteran-Owned Small Business
• Service Disabled Veteran-Owned Small Business
• SBA-certification required
• Small Disadvantaged Business
• HUBZone Small Business Concern
• 8(a)

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Other Certifications

• Other certifications mean NOTHING in federal
  contracting i.e..
• State of Texas HUB
• NCTRCA
• Womens Business Enterprise
• TxDot
• ASDV.org
• Different governments and private corporations
  have different classifications requirements
• Handout will explain certifications in DFW area

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• Questions?

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How does my Veteran-Owned Status Apply to
Federal Contracting?
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Federal Procurement

• Prime Contracting
• Doing business with any Federal
• Agency (such as VA, DoD, IRS, EPA, NASA, etc)
• Subcontracting
• Doing business with any federal prime contractor
  (such as Bell, Boeing, CompUSA, TXU, DRS,
  Raytheon, DynCorp, Lockheed, Vought)

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Service Disabled Veteran Owned Small Business
Set-Asides

• Section 308 of the Veterans Benefits Act of 2003
  (Public Law 108-183)
• Interim Final Rule issued May 5, 2004
• Service Disabled Veterans Executive Order signed
  October 20, 2004 by President Bush
• http//www.whitehouse.gov/news/releases/2004/10/pr
  int/20041021-5.html
• Establishes a Procurement Program for Small
  Business Concerns Owned and Controlled by
  Service-Disabled Veterans

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SDVO SBC Competitive Set Asides

• A Contracting Officer (CO) may set-aside
  acquisitions for Service Disabled Veteran-Owned
  (SDVO) Small Business Concerns (SBC) if
• 1. The requirement is determined to be excluded
  from
• fulfillment through award to Federal Prison
  Industries Javits Wagner-ODay Orders under
  Indefinite Delivery Contracts Orders against
  Federal Supply Schedules Requirements currently
  being performed by 8(a) participants
  Requirements for commissary or exchange resale
  items
• The requirement is not currently being performed
  by an 8(a) participant, and unless SBA has
  consented to release of the requirement form the
  Section 8(a) Program and

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SDVO SBC Competitive Set Asides

• SBA has not accepted the requirement for
  performance under the 8(a) authority, unless SBA
  has consented to release of the requirement from
  the Section 8(a) Program
• There is a reasonable expectation that at least
  two responsible SDVO SBCs will submit offers and
• The award can be made at a fair market price

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Sole Source SDVO SBC Set Aside

• A CO may award a sole source contract to an SDVO
• SBC if the CO determines that none of the SDVO
• SBC set-aside exemptions or provisions apply and
• the anticipated award price of the contract,
• including options, will not exceed
• 5.0M for manufacturing requirements
• 3.0M for all other requirements
• The SDVO is the only known responsible contractor
  able to perform the contract
• Award can be made at a fair and reasonable price

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13 CFR 125.19(b) Parity

• If the Contracting Officer determines that 13 CFR
  125.18 does not apply, the contracting officer
  should consider setting aside the requirement for
  8(a), HUBZone, or SDVO participation before
  considering setting the requirement aside as a
  small business set aside.
• Rule allows the Contracting Officer maximum
  discretionary authority to determine if
  requirement is best suited for 8(a), HUBZone or
  SDVO SBC based on meeting the agencys respective
  goals.

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www.sba.gov/vetswww.vetbiz.gov1-866-584-2344w
ww.va.gov/osdbu
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• Questions?