Presidential Documents

62549

Federal Register 

Vol. 69, No. 206

Tuesday, October 26, 2004

Title 3— 

The President 

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 servicedisabled 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. 

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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. 

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(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 

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or entities, its officers, employees or agents, or any other person.

THE WHITE HOUSE, 

October 20, 2004. 

W