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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: March 23, 2005

SUBJECT: Small Business Administration; Service-Disabled Veteran-Owned Small Business Program

SOURCE: Federal Register, March 23, 2005, Vol. 70, No. 55, page 14523

AGENCIES: Small Business Administration (SBA)

ACTION: Final Rule

SYNOPSIS: This rule finalizes, with changes, the interim final rule that implemented Section 308, Procurement Program for Small Business Concerns Owned and Controlled by Service-Disabled Veterans, of the Veterans Benefits Act of 2003 (Public Law 108-183), which permits set-aside and sole source procurements for service-disabled veteran-owned small business concerns (SDVOSBCs). In particular, this final rule clarifies SDVOSBC protest procedures.

EDITOR'S NOTE: The SBA's regulations are in Title 13 of the Code of Federal Regulations (CFR).

For more on the interim final rule that is being finalized, see the May 5, 2004, FEDERAL CONTRACTS DISPATCHFederal Acquisition Circular (FAC) 2001-23 and Small Business Administration (SBA), Program for Service-Disabled Veteran-Owned Small Business Concerns.”

For more on Federal Acquisition Circular (FAC) 2005-02, which finalizes FAC 2001-23 and is being published in conjunction with this final rule, see today’s FEDERAL CONTRACTS DISPATCHFederal Acquisition Circular (FAC) 2005-02, Service-Disabled Veteran-Owned Small Business Concerns Program.”

EFFECTIVE DATE: March 23, 2005.

FOR FURTHER INFORMATION CONTACT: Dean Koppel, Assistant Administrator, Office of Policy and Research, 202-205-7322, or e-mail: SDVOSBCProgram@sba.gov.

SUPPLEMENTAL INFORMATION: Section 308 of Public Law 108-183 amended the Small Business Act to establish a SDVOSB set-aside program which permits contracting officers to (1) award contracts set aside for SDVOSBCs if there is a reasonable expectation that two or more SDVOSBCs will submit offers and that the award can be made at a fair market price, or (2) award contracts to a sole source SDVOSB when there is not a reasonable expectation that two or more SDVOSBCs will submit offers, and the anticipated contract price (including options) will not exceed $5,000,000 for manufacturing or $3,000,000 for all else.

On May 5, 2004, SBA published an interim final rule which implemented Section 308 of Public Law 108-183 by amending 13 CFR Part 125, Government Contracting Programs, to define “service-disabled veterans,” explain when competition may be restricted to service-disabled veteran-owned small business concerns (SDVOSBCs), and establish procedures for protesting and appealing the status of an SDVOSBC. SBA received 45 comments in response to the interim final rule. As a result of those comments, SBA is finalizing the interim final rule with changes. (EDITOR’S NOTE: One comment SBA received on the May 5, 2004, interim final rule asked for a clarification of the appeal procedures in 13 CFR Part 134, Rules of Procedure Governing Cases Before the Office of Hearings and Appeals. As a result of the request for clarification, SBA prepared appeal procedures, published them on February 24, 2005, as an interim final rule, and asked for comments. See the February 24, 2005, FEDERAL CONTRACTS DISPATCHSmall Business Administration; Appeal Procedures for Service-Disabled Veteran-Owned Small Business Program.”)

The following are the significant differences between the interim final rule and the final rule:

EDITOR’S NOTE: SBA provides the following note in the introduction to the final rule:

Copies of most military personnel and medical records are on file at the National Personnel Records Center in St. Louis, MO; however some military personnel records are maintained by the military services depending on when the veteran was discharged. Veterans who filed or are filing a medical claim should contact the VA regional office in their state in order to determine if their medical record and claim for service connected disability is already on file. To request military personnel records, the below contact information is provided:
Branch of ServiceDischarge DateInformationAddress
1. Air ForceDischarged or retired since September 25, 1947Full name, Social Security Number and/or Service Number (both when available), enlistment and discharge dates, date of birth and place of birth (city and state), rank upon discharge or release, address where record is to be mailed, and signatureNational Personnel Records Center, 9700 Page Avenue, St. Louis, MO 63132-5100, 314-801-0800, http://vetrecs.archives.gov
2. ArmyDischarged or retired between November 1, 1912 - September 30, 2002Full name, Social Security Number and/or Service Number (both when available), enlistment and discharge dates, date of birth and place of birth (city and state), rank upon discharge or release, address where record is to be mailed, and signatureNational Personnel Records Center, 9700 Page Avenue, St. Louis, MO 63132-5100, 314-801-0800, http://vetrecs.archives.gov
Discharged or retired since October 1, 2002Full name, Social Security Number and/or Service Number (both when available), enlistment and discharge dates, date of birth and place of birth (city and state), rank upon discharge or release, address where record is to be mailed, and signatureU.S. Army Human Resources Command, ATTN: AHRC-PAV-V, 1 Reserve Way, St. Louis, MO 63132-5200, 314-592-0521
3. Marine CorpsDischarged or retired between 1905 – December 31, 1998Full name, Social Security Number and/or Service Number (both when available), enlistment and discharge dates, date of birth and place of birth (city and state), rank upon discharge or release, address where record is to be mailed, and signatureNational Personnel Records Center, 9700 Page Avenue, St. Louis, MO 63132-5100, 314-801-0800, http://vetrecs.archives.gov
Discharged or retired since 1999Full name, Social Security Number, date discharged from Marine Corps service, address where record is to be mailed, and signature of memberCommandant of the Marine Corps, Headquarters, USMC (MMSB-10), 2008 Elliot Road, Quantico, VA 22134-5030
4. NavyDischarged or retired between 1885 – December 31, 1994Full name, Social Security Number and/or Service Number (both when available), enlistment and discharge dates, date of birth and place of birth (city and state), rank upon discharge or release, address where record is to be mailed, and signatureNational Personnel Records Center, 9700 Page Avenue, St. Louis, MO 63132-5100, 314-801-0800, http://vetrecs.archives.gov
Discharged or retired since 1995Full name, Social Security Number, date discharged from Naval service, address where record is to be mailed, and signature of memberNavy Personnel Command, PERS-312E, 5720 Integrity Drive, Millington, TN 38055-3120, DSN: 882-4885 or COM: 901-874-4885

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953.

Copyright 2005 by Panoptic Enterprises. All Rights Reserved.

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