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For
Immediate Release
Office of the Press Secretary
October 21, 2004
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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