[Weekly Compilation of Presidential Documents Volume 40, Number 43 (Monday, October 25, 2004)]
[Pages 2505-2507]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Executive Order 13360--Providing Opportunities for Service-Disabled
Veteran Businesses To Increase Their Federal Contracting and
Subcontracting
October 20, 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
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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
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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.
[Filed with the Office of the Federal Register, 9:40 a.m., October 25,
2004]
Note: This Executive order was released by the Office of the Press
Secretary on October 21, and it will be published in the Federal
Register on October 26.