White House Executive Order—Service-Disabled Veteran
Businesses
The White House, states: President Bush is committed to helping America's
people with disabilities to obtain meaningful work and to achieve the
promise of the Americans with Disabilities Act equality, opportunity,
independent living, and economic self-sufficiency. The Presidents New
Freedom Initiative is a comprehensive plan that fosters the full participation
of people with disabilities in all aspects of American life. This initiative
provides increased access to innovative assistive technologies, expands
educational options, increases access to gainfulemployment, and promotes
full access to community life.
The President again has delivered on his New Freedom
Initiative promise with this Executive Order. This
Executive Order, among others things, will increase
contracting opportunities for service-disabled veterans by
encouraging Federal agencies to contract and subcontract
with small businesses owned and controlled by service-
disabled veterans. It also encourages Federal agencies to
set-aside contracts for these businesses, where feasible,
and requires agencies to report progress annually to the
Small Business Administration. The Department of Defense,
Veterans Affairs, General Services Administration, and the
Small Business Administration each play key roles in
helping coordinate activities required by the Executive
Order.
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Office of the Press Secretary
Executive Order: Providing Opportunities for Service- Disabled Veteran
Businesses to Increase Their Federal
Contracting and Subcontracting
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
and in order to strengthen opportunities in Federal
contracting for service-disabled veteran businesses, it is
hereby ordered as follows:
Section 1. Policy. America honors the extraordinary service
rendered to the United States by veterans with disabilities
incurred or aggravated in the line of duty during active
service with the armed forces. Heads of agencies shall
provide the opportunity for service-disabled veteran
businesses to significantly increase the Federal
contracting and subcontracting of such businesses. 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.
Sec. 2. Duties of Agency Heads. To implement the policy set forth in
section 1, heads of agencies shall:
(a) develop a strategy to implement the policy set forth in section
1;
(b) make the agency's strategy publicly available and report annually
to the Administrator of the Small Business Administration on implementation
of the agency's strategy;
(c) designate a senior-level official who shall be responsible for developing
and implementing the agency's strategy;
(d) include development and implementation of the agency's strategy
and achievements in furtherance of the strategy as significant elements
in any performance plans of the agency's designated agency senior-level
official, chief acquisition officer, and director of small and disadvantaged
business utilization; and
(e) include in the agency's strategy plans for:
(i) reserving agency contracts exclusively for service-
disabled veteran businesses;
(ii) encouraging and facilitating participation by service-
disabled veteran businesses in competitions for award of
agency contracts;
(iii) encouraging agency contractors to subcontract with
service-disabled veteran businesses and actively monitoring
and evaluating agency contractors' efforts to do so;
(iv) training agency personnel on applicable law and
policies relating to participation of service-disabled
veteran businesses in Federal contracting; and
(v) disseminating information to service-disabled veteran
businesses that would assist these businesses in
participating in awards of agency contracts.
Sec. 3. Additional Duties of Administrator of the Small
Business Administration. The Administrator of the Small
Business Administration shall:
(a) designate an appropriate entity within the Small
Business Administration that shall, in coordination with
the Veterans Affairs' Center for Veterans Enterprise (CVE),
provide to service-disabled veteran businesses information
and assistance concerning participation in Federal
contracting;
(b) advise and assist heads of agencies in their
implementation of section 2 of this order; and
(c) make available to service-disabled veteran businesses
training in Federal contracting law, procedures, and
practices that would assist such businesses in
participating in Federal contracting.
Sec. 4. Additional Duties of Administrator of General
Services. The Administrator of General Services shall:
(a) establish a Government-wide Acquisition Contract
reserved for participation by service-disabled veteran
businesses; and
(b) assist service-disabled veteran businesses to be
included in Federal Supply Schedules.
Sec. 5. Additional Duties of the Secretary of Defense. The
Secretary of Defense shall direct the Defense Acquisition
University (DAU) to develop training on contracting with
service-disabled veteran businesses and make this training
available on line through the DAU continuous learning
program.
Sec. 6. Additional Duties of the Secretary of Veterans
Affairs. The Secretary of Veterans Affairs shall assist
agencies by making available services of the CVE and assist
in verifying the accuracy of contractor registration
databases with regard to service-disabled veteran
businesses.
Sec. 7. Additional Duties of the Secretary of Labor and
Secretary of Veterans Affairs. The Secretary of Labor and
Secretary of Veterans Affairs shall, respectively, direct
the Transition Assistance Program and the Disability
Transition Assistance Program to educate separating service
members as to the benefits available to service-disabled
veteran businesses and as to potential entrepreneurial
opportunities.
Sec. 8. Definitions. As used in this order:
(a) the term "agency" means an "executive agency"
as that
term is defined in section 105 of title 5, United States
Code, excluding an executive agency that has fewer than 500
employees, the Government Accountability Office, or a
Government corporation;
(b) the term "service-disabled" means, with respect to
disability, that the disability was incurred or aggravated
in the line of duty in the active service in the United
States Armed Forces;
(c) the term "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);
(d) the term "service-disabled veteran business" means a
small business concern owned and controlled by service-
disabled veterans, as defined in section 3(q) of the Small
Business Act (15 U.S.C. 632(q)); and
(e) the term "small business concern" has the meaning
specified in section 3(a) of the Small Business Act (15
U.S.C. 632(a)) and the definitions and standards issued
under that section.
Sec. 9. General Provisions. (a) Heads of agencies shall
carry out duties assigned by sections 3, 4, 5, 6, and 7 of
this order to the extent consistent with applicable law and
subject to the availability of appropriations.
(b) To the extent permitted by law, an agency shall
disclose personally identifying information on service-
disabled veterans to other agencies who require such
information in order to discharge their responsibilities
under this order.
(c) An agency that consists of a multi-member commission
shall implement this order to the extent it determines
appropriate to the accomplishment of the agency's mission.
(d) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity
by any party against the United States, its departments, agencies, instrumentalities
or entities, its officers, employees or agents, or any other person.
GEORGE W. BUSH
THE WHITE HOUSE,
October 20, 2004
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