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Q: |
What does Veteran and Service-Connected
Disability mean? |
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A: |
The
terms veteran and service-disabled veteran are defined
in 38 U.S.C. 101(2) and (16) respectively, the
Department of Veterans Affairs, United States Code.
The term "veteran" means a person who served in the
active military, naval, or air service, and who was
discharged or released under conditions other than
dishonorable. 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. An
injury or disease incurred during military service
will be deemed to have been incurred in the line of
duty unless the disability was caused by the veteran’s
own misconduct or abuse of alcohol or drugs, or was
incurred while absent without permission or while
confined by military or civilian authorities for
serious crimes. |
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Q: |
Who is Service-Disabled Veteran?
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A: |
A
Service-Disabled Veteran is a person who served in the
active military, naval, or air service, and who was
discharged or released under conditions other than
dishonorable, and whose disability was incurred or
aggravated in line of duty in the active military,
naval, or air service. |
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Q: |
How does a Veteran verify their status as a
Service-Disabled Veteran? |
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A: |
To
be considered a Service-Disabled Veteran, the veteran
must have an adjudication letter from the Veterans
Administration (VA), a Department of Defense Form 214,
Certificate of Release or Discharge from Active Duty,
or a Statement of Service from the National Archives
and Records Administration, stating that the veteran
has a service-connected disability. Copies of most
military personnel and medical records are on file at
the National Personnel Records Center in St Louis, MO;
however some military personnel records are maintained
by the Military Services depending on when the veteran
was discharged. Veterans who filed or are filing a
medical claim should contact the Department of
Veterans Affairs Regional Office in their state in
order to determine if their medical record and claim
for service connected disability is already on file.
Generally, there is no charge for military personnel
and health record information provided to veterans. |
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Q: |
Is there a minimum disablity rating to
participate in the SBVOSB program?
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A: |
No,
there is not a minimum disability rating. A veteran
with a 0 to 100% disability rating is eligible to
self-represent as a Service-Disabled Veteran for
Federal contracting purposes. |
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Q: |
What is a Service-Disabled Veteran-Owned Small
Business Concern? |
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A: |
A
small business concern owned and controlled by a
Service-Disabled Veteran or Service – Disabled
Veterans, as defined in section 3(q) of the Small
Business Act (15 U.S.C. 632(q)) and SBA’s implementing
SDVOSBC Program Regulations (13 C.F.R. 125). |
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Q: |
Are sole source or set-aside contracts allowed
under the SDVOSB procurement program?
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A: |
Yes. In accordance with 13 C.F.R. 125.19 and 125.20,
contracting officers may award a sole source or
set-aside contract to SDVOSBCs, if certain conditions
are met. |
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Q: |
Is there a formal certification process
required from the SBA to participate in the SDVOSB
procurement program? |
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A: |
No.
The Veterans Benefits Act of 2003 that established
restricted contracting in Federal procurement for
Service-Disabled Veteran-Owned Small Business Concerns
(SDVO SBC) did not require a formal process to certify
concerns as SDVO SBC. A SDVO SBC self-represents its
status for all Federal contracts. In order to place an
offer on a Federal contract, the SBC must be
registered in the Government's Central Contractor
Registration (CCR). Once the SBC is registered in CCR,
and an offer is submitted on a Federal Contract, the
SDVO SBC will need to fill out an "On-Line
Representations and Certifications Application." To
get more information about those data bases and to
register on-line, go to the Government's Business
Partner Network (BPN) at
http://www.bpn.gov/. |
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Q: |
Can the status of a SDVO SBC be challenged? |
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A: |
Yes. The Veterans Benefits Act of 2003 provides that
the Small Business Administration may verify the
eligibility of any SDVO SBC under the following:
For sole source procurements, the SBA or the
Contracting Officer may protest the apparent
successful offeror’s SDVO SBC status. For competitive
set-asides, any interested party may protest the
apparent successful offeror's SDVO SBC status.
In the case of a protest, SDVO SBCs must be prepared
to provide the SBA with proof of status as a
Service-Disabled Veteran. |
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Q: |
What eligibility requirements must a small
business concern meet to participate in the SDVO SBC
procurement program? |
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A: |
The
concern must be a small business pursuant to the North
American Industrial Classification System (NAICS) code
assigned by the Contracting Officer to the
procurement; The concern must be 51 % unconditionally
and directly owned by one or more Service-Disabled
Veterans or in the case of any publicly owned
business, not less than 51% of the stock of the
company is owned by one or more Service-Disabled
Veterans; and The management and daily business
operations of the SDVO SBC must be controlled by one
or more service-disabled veterans (or in the case of a
veteran with permanent and severe disability, the
spouse or permanent caregiver of such veteran). |
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Q: |
Can awards be made to SDVO SBCs below the
simplified acquisition thresholds?
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A: |
Yes. Although not mandatory, contracting officers may
set aside requirements at or below the simplified
acquisition thresholds for consideration among SDVO
SBCs, using simplified acquisition procedures. |
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Q: |
Are joint ventures allowed under the SDVO SBC
program? |
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A: |
Yes. In accordance with 13 C.F.R. 125.15(b), SDVO SBCs
may enter into a joint venture agreement with one or
more other SBCs for the purpose of performing an SDVO
contract. A joint venture of at least one SDVO SBC and
one or more other business concerns may submit an
offer as a small business for a competitive SDVO SBC
procurement so long as each concern is small under the
size standard corresponding to the NAICS code assigned
to the contract. |
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Q: |
May nonmanufacturers submit an offer under the
SDVO SBC procurement program? |
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A: |
Yes, in accordance with 13 C.F.R. 125.15(c), a SDVO
SBC that is a nonmanufacturer may submit an offer on a
sole source or set-aside service-disabled
veteran-owned contract if it meets the requirements of
the non-manufacturer rule set forth in SBA’s
regulation 13 C.F.R.121.406(b)(1). |
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Q: |
Is the SDVO SBC procurement program limited to
certain NAICS codes? |
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A: |
No.
The Contracting Officer shall assign the NAICS in
accordance with the Agency’s requirement and the SDVO
SBC must meet the respective small business size
standard assigned to that NAICS Code. |
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Q: |
Is there an order of precedence for the SDVOSB
program? |
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A: |
No,
however, the Contracting Officer should consider the
8(a), HUBZone, and SDVO Program before considering
setting-aside the requirement for Small Business
Concerns. If the Contracting Officer decides to
set-aside the requirement for competition restricted
to SDVO SBCs, the Contracting Officer must have a
reasonable expectation that at least two responsible
SDVO SBCs will submit offers and determine that award
can be made at fair market price. |
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Q: |
Why isn't there a procurement program for
other categories of Veterans? |
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A: |
For
a veteran who suffers service-connected disability,
our Government has deemed it our moral obligation to
provide the disabled veteran a range of benefits
designed to ease the economic and other losses and
disadvantages incurred as a consequence of serving his
or her country. These benefits include Government
assistance for entering the Federal procurement
marketplace. To achieve that objective, agencies shall
more effectively implement section 15(g) of the Small
Business Act (15 U.S.C. 644(g)), 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 section 36 of
that Act (15 U.S.C. 657f), which gives agency
contracting officers the authority to reserve certain
procurements for service-disabled veteran businesses. |
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Q: |
What additional steps have been taken to
encourage Federal agencies' use of Service-Disabled
Veteran-Owned small businesses? |
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A: |
President Bush issued Executive Order 13360 on October
20, 2004. The Executive Order was issued to strengthen
opportunities in Federal contracting for
Service-Disabled Veteran-Owned Small Business
Concerns.
The Department of Defense has issued a five year
strategic plan to implement Executive Order 13360. The
plan is available on line
here. |
