[www.SDVOB.coop] The Administration strongly opposes H.R. 3867, which would modify the small business procurement programs of the Small Business Administration."
- From: "John Kolsun" <john.kolsun@xxxxxxxxxxx>
- To: <wired@xxxxxxxxxxxxx>
- Date: Thu, 1 Nov 2007 13:48:52 -0400
Alcon ? . From the Executive Office of the President, Office of Management
and Budget ?The Administration strongly opposes H.R. 3867, which would
modify the small business procurement programs of the Small Business
Administration.?
Excerpt of H.R. 3867 is below (with Amendment 1). I have extracted only
those passages which apply to veterans. You have the complete bill for
reference as emailed earlier.
For your review??
TITLE I?ENSURING GOVERNMENT CONTRACT OPPORTUNITIES FOR SMALL BUSINESS
CONCERNS OWNED AND CONTROLLED BY SERVICE-DISABLED VETERANS
SEC. 101. EXPANDING PROCUREMENT OPPORTUNITIES.
(a) SERVICE-DISABLED VETERANS.?Section 36(a) of the Small Business Act (15
U.S.C. 657f(a)) is amended?
(1) in the matter preceding paragraph (1), by striking ??may?? and inserting
??shall??; and (2) in paragraph (1), by striking ??and the contracting
officer?? and all that follows through ??contracting opportunity??.
(b) HUBZONE.?Section 31(b)(2)(B) of such Act (15 U.S.C. 657a(b)(2)(B)) is
amended by striking ??shall?? and inserting ??may??.
SEC. 103. IMPLEMENTATION OF EXECUTIVE ORDER 13360.
Section 36 of the Small Business Act (15 U.S.C. 657f) is amended by adding
at the end the following new subsection:
??(f) IMPLEMENTATION OF EXECUTIVE ORDER 13360.?The Administrator shall?
??(1) provide small business concerns owned and controlled by
service-disabled veterans with information and assistance concerning
participation in Federal contracting;
??(2) advise and assist other agencies in their strategies to expand
procurement opportunities for such concerns; and
??(3) make training assistance on Federal contract law, procedures, and
practices available to such
concerns.??
SEC. 202. ESTABLISHMENT OF GOALS.
(a) ESTABLISHMENT OF GOVERNMENT-WIDE GOALS.?Section 15(g)(1) of the Small
Business Act (15 U.S.C. 544(g)(1)) is amended by striking the first sentence
and inserting ??The President shall annually establish Government-wide goals
for procurement contracts awarded to small business concerns, small business
concerns owned and controlled by service-disabled veterans,?.
SEC. 203. SMALL BUSINESS CONCERN SUBCONTRACTING POLICY.
Section 8(d)(1) of the Small Business Act (15 U.S.C. 637(d)(1)) is amended
by striking the first sentence and inserting ??It is the policy of the
Unites States that small business concerns, small business concerns owned
and controlled by veterans, small business concerns owned and controlled by
service-disabled veterans, qualifying HUBZone small business concerns, small
business concerns owned and controlled by socially and economically
disadvantaged individuals, small business concerns participating in the
program established by section 8(a), and small business concerns owned and
controlled by women, shall have the maximum practicable opportunity to
participate in the performance contracts let by any Federal agency,
including contracts and subcontracts for subsystems, assemblies, components,
and related services for major systems.??.
SEC. 204. INCREASED SIZE OF AVAILABLE CONTRACTS.
(c) SERVICE-DISABLED VETERAN PROGRAM.?Section 36(a)(2) of such Act (15
U.S.C. 657f(a)(2)) is amended?
(1) by striking ??$5,000,000?? and inserting ??$5,500,000??; and
(2) by striking ??$3,000,000?? and inserting ??$5,100,000??.
AMENDMENT TO H.R. 3867, AS REPORTED OFFERED BY MS. VELA´ZQUEZ OF NEW YORK
At the end of title I, add the following:
SEC. 104. PRIORITY FOR SEVERELY DISABLED VETERANS.
In developing regulations to implement section 101, the Administrator shall
give a priority to those certified service-disabled veterans that are
severely disabled.
Below is the excerpt of the US Code which applies to Vets.
§ 657f. Procurement program for small business concerns owned and controlled
by service-disabled veterans
(a) Sole source contracts
In accordance with this section, a contracting officer may award a sole
source contract to any small business concern owned and controlled by
service-disabled veterans if?
(1) such concern is determined to be a responsible contractor with respect
to performance of such contract opportunity and the contracting officer does
not have a reasonable expectation that 2 or more small business concerns
owned and controlled by service-disabled veterans will submit offers for the
contracting opportunity;
(2) the anticipated award price of the contract (including options) will not
exceed?
(A) $5,000,000, in the case of a contract opportunity assigned a standard
industrial classification code for manufacturing; or
(B) $3,000,000, in the case of any other contract opportunity; and
(3) in the estimation of the contracting officer, the contract award can be
made at a fair and reasonable price.
(b) Restricted competition
In accordance with this section, a contracting officer may award contracts
on the basis of competition restricted to small business concerns owned and
controlled by service-disabled veterans if the contracting officer has a
reasonable expectation that not less than 2 small business concerns owned
and controlled by service-disabled veterans will submit offers and that the
award can be made at a fair market price.
(c) Relationship to other contracting preferences
A procurement may not be made from a source on the basis of a preference
provided under subsection (a) or (b) of this section if the procurement
would otherwise be made from a different source under section 4124
<http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00004124----000
-.html> or 4125
<http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00004125----000
-.html> of title 18
<http://www4.law.cornell.edu/uscode/html/uscode18/usc_sup_01_18.html> or
the Javits-Wagner-O?Day Act (41
<http://www4.law.cornell.edu/uscode/html/uscode41/usc_sup_01_41.html>
U.S.C. 46
<http://www4.law.cornell.edu/uscode/html/uscode41/usc_sec_41_00000046----000
-.html> et seq.).
(d) Enforcement; penalties
Rules similar to the rules of paragraphs (5) and (6) of section 637
<http://www4.law.cornell.edu/uscode/html/uscode15/usc_sec_15_00000637----000
-.html> (m)
<http://www4.law.cornell.edu/uscode/html/uscode15/usc_sec_15_00000637----000
-.html#m> of this title shall apply for purposes of this section.
(e) Contracting officer
For purposes of this section, the term ?contracting officer? has the meaning
given such term in section 423
<http://www4.law.cornell.edu/uscode/html/uscode41/usc_sec_41_00000423----000
-.html> (f)(5)
<http://www4.law.cornell.edu/uscode/html/uscode41/usc_sec_41_00000423----000
-.html#f_5> of title 41
<http://www4.law.cornell.edu/uscode/html/uscode41/usc_sup_01_41.html> .
"Serving American heroes, one business at a time"
Louis J. Celli Jr.
CEO
Northeast Veterans Business Resource Center Inc.
<http://maps.yahoo.com/py/maps.py?Pyt=Tmap&addr=1625+K+Street&csz=Washington
%2C+DC+20006&country=us> P.O. Box 52113
Boston, MA 02205
1625 K Street
Washington, DC 20006
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