Providing Opportunities for Service-Disabled Veteran Businesses To Increase Their Federal Contracting and Subcontracting

Executive Order 13360 of October 20, 2004

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.

    (Presidential Sig.)B

THE WHITE HOUSE,

    October 20, 2004.