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U.S. SMALL BUSINESS ADMINISTRATION

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Title: U.S. SMALL BUSINESS ADMINISTRATION


1
U.S. SMALL BUSINESS ADMINISTRATION
  • Office of Federal Contract Assistance for Veteran
    Business Owners

2
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
  • 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)

3
Executive Order 13360
  • SBA is the coordinating entity for veteran
    contracting advocacy for the Federal Government
  • Agencies strategic plans are available on-line
  • www.sba.gov/GC
  • www.vetbiz.gov
  • Each respective Agencys website
  • SBA has reviewed all of the plans
  • SBA will meet with each designated official
  • Agencies must report annually to SBA

4
PROGRAM ELIGIBILITY REQUIREMENTS
  • 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

5
CONTRACT MECHANISMS
  • Set-Aside Exemptions
  • Competitive Set-asides
  • Considerations
  • Sole Source
  • Simplified Acquisitions

6
TEAMING ARRANGEMENTS
  • 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
  • Size Requirements
  • Employee-Based NAICS
  • 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.
  • Revenue-Based NAICS
  • If a procurement exceeds half the size standard
    corresponding to the NAICS code assigned to the
    contract, each SDVO SBCs 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.

7
TEAMING ARRANGEMENTS
  • SUBCONTRACTING
  • 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

8
ADDITIONAL CONTRACT REQUIREMENTS
  • NON-MANUFACTURERS (13 CFR 121.406(b))
  • SDVO SBC cannot exceed 500 employees
  • End item must be provided by a SB

9
PROTEST PROCEDURES
  • WHAT CAN BE PROTESTED?
  • WHO MAY PROTEST?
  • WHEN ARE PROTESTS SUBMITTED?
  • WHERE ARE PROTESTS SUBMITTED?
  • HOW ARE PROTEST SUBMITTED?

10
PROTEST DETERMINATION APPEALS
  • Interested parties may submit an Appeal to the
    protest determination
  • Appeals are submitted to SBAs Office of Hearings
    and Appeals
  • Due 10 days after receipt of protest
    determination
  • Appeals are filed in accordance with 13 CFR
    134.501

11
HOW YOU CAN HELP
  • Understand that this is not an entitlement
    program you must market your company
  • Register in Central Contractor Registration
  • Register in Dept of Veterans Affairs VIP
    Database
  • Complete Online Representations and
    Certifications Application (ORCA)
  • Review FedBizOpps on a regular basis
  • Review SUB-Net on regular basis
  • Meet with Program Managers and Contracting
    Officers
  • Register in Agencies and prime contractors SDV
    marketing database
  • Seek certifications, e.g., 8(a), HZ, SDB, DOT
    MBE
  • Seek assistance from SBA Veteran Business
    Development Officers
  • Seek assistance from Small Business Development
    Centers
  • Seek assistance from DOD Procurement Technical
    Development Centers
  • Seek assistance from SBA Procurement Center
    Representatives/Commercial Marketing
    Representatives
  • Attend outreach sessions

12
List of Resources
  • Small Business Administration www.sba.gov
  • Service-Disabled Veteran-Owned Small Business
    Program www.sba.gov/GC
  • Online Training Courses www.sba.gov/training/cours
    es.html
  • Certification Programs www.sba.gov/gcbd
  • Procurement Academy www.sba.gov/gcbd/accessing_con
    tracts
  • Lending Programs www.sba.gov/VETS/lending
  • Surety Bonding www.sba.gov/osg
  • Veterans Business Development (www.sba.gov/VETS)
  • Subcontracting Opportunities - SUB-Net
    (web.sba.gov/subnet)
  • Business Partner Network www.bpn.gov
  • Central Contractor Registration (CCR)
  • Online Representations and Certifications
    Application (ORCA)
  • Dept of Veterans Affairs Center for Veterans
    Enterprise www.vetbiz.gov

13
List of Resources
  • Federal Business Opportunities
    (www.FedBizOpps.gov)
  • Federal Small Business Directors (www.osdbu.gov)
  • Veteran Business Development Officers
    (www.sba.gov/VETS/reps.html)
  • Small Business Development Centers
    (www.sba.gov/sbdc)
  • Service Corps of Retired Executives (SCORE)
    (www.score.org)
  • DOD Procurement Technical Development Centers
    (www.dla.mil/db/procurem.htm)
  • Procurement Center Representatives
    (www.sba.gov/GC/pcr.html)
  • Commercial Marketing Representatives
    (www.sba.gov/GC/indexcontacts-cmrs.html)
  • Business Matchmaking Sessions (www.businessmatchm
    aking.com)
  • Public Laws (thomas.loc.gov/home/thomas.html)
  • Code of Federal Regulations (www.gpoaccess.gov/ec
    fr/)
  • Federal Regulations (www.archives.gov)
  • Federal Acquisition Regulation
    (www.arnet.gov/far)

14
ASSISTANT ADMINISTRATOR
  • TERESA L.G. LEWIS
  • 409 Third Street, SW
  • 8th Floor
  • Washington DC 20416
  • Phone (202) 205-7330
  • Fax (202) 205-6390
  • E-mail SDVMail_at_sba.gov
  • Web Page www.sba.gov/GC
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