Transcript Veterans Benefits, Health Care and Information Technology

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)
• Executive Order 13360 (October 20, 2004)
• Veterans Benefits, Healthcare, and Information
Technology Act of 2006 (Public Law 109-461)
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VA Hierarchy of Programs
1. Service-disabled veteran-owned firms
2. Veteran-owned firms
3. HUBZone firms and 8(a) participants
(tied)
4. All others (including general small
business)
[Public Law 109-461, § 502]
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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]
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Acquisition Planning
Market Research
• “Shall” consider service-disabled and veteranowned 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]5
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)
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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)
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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]
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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]
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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] 10
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]
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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]
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Protests and Debarment
•
Eligibility of firms may be protested
•
Misrepresentation of service-disabled or veteranowned 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]
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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]
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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
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