Jennifer Schaus & Associates GOV CON WEBINAR SERIES - 2017
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2017 - WASHINGTON DC
www.JenniferSchaus.com
Join Us for A Series of Complimentary Webinars on various US Federal Government Contracting Topics. Presenters are industry experts sharing knowledge about the competitive government contracting sector. Find all of our Govt Contracting webinars (free download) at www.JenniferSchaus.com
Contact Us @ 2 0 2 – 3 6 5 – 0 5 9 8
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2017 - WASHINGTON DC
www.JenniferSchaus.com
ABOUT JENNIFER SCHAUS & ASSOCIATES: -
Based in downtown Washington, DC; A la carte services for Federal Contractors;
- Proposal Writing to GSA Schedules and Contract Administration, etc.; Deep bench of industry experts; -
Educational webinars;
Networking events and seminars;
WEBSITE: http://www.JenniferSchaus.com
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2017 - WASHINGTON DC
www.JenniferSchaus.com
ABOUT JENNIFER SCHAUS: -
Over 20 years in federal contracting; -
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Began career with D&B; Industry speaker and author;
Board Member: GovLish; NCMA; and NMIA.
Volunteer Mentor &/or Instructor: VA PTAP; CBP / VBOC; Capitol Post; 1776; Eastern Foundry, WIT; WDCEP and the Towson University Incubator.
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2017 - WASHINGTON DC
ABOUT OUR SPEAKER Milt Johns, Esq.
www.JenniferSchaus.com
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2017 - WASHINGTON DC
www.JenniferSchaus.com
ABOUT Milt Johns, Esq.: - B.A. and M.A., George Washington University J.D., George Mason University School of Law - Private practice for more than 19 years with nearly 32 years experience in government and defense contracting arenas in a variety of roles - Partner at FH+H, PLLC (703) 590-1234 mjohns@fhhfirm.com
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2017 - WASHINGTON DC
www.JenniferSchaus.com
ABOUT FH+H: FH+H is a values-based law firm focused on middle-market companies, offering a full range of services in 5 practice areas: 1.
Corporate & Business Transactions 2.
3.
Litigations & Investigations
International Trade & Transactions 4.
Government Contracts 5.
Employment Law
http://www.fhhfirm.com
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2017 - WASHINGTON DC
www.JenniferSchaus.com
Veteran Business Certification Process Monday, September 18, 2017
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2017 - WASHINGTON DC
www.JenniferSchaus.com
History of Preference in Procurement for Veteran-Owned Firms •
Veterans Entrepreneurship and Small Business Development Act of 1999 (Public Law 106-50 ) •
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On December 16, 2003, the Veterans Benefits Act of 2003 (Public Law 108-183 ) was passed by Congress. •
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Established an annual government-wide goal of not less than 3% of the total value of all prime contract and subcontract awards for participation by small business concerns owned and controlled by service-disabled veterans.
Section 308 of the Act (Public Law 108-183) established a procurement program for Service-Disabled Veteran-Owned Small Business Concerns (SDVOSBC). This procurement program provides that federal contracting officers may restrict competition to SDVOSBCs and award a sole source or set-aside contract where certain criteria are met.
Veterans Benefits, Health Care, and Information Technology Act of 2006 (Public Law 109-461) •
Provides the U.S. Department of Veterans Affairs (VA) with unique authority for Service-Disabled Veteran-Owned Small Business (SDVOSB) and Veteran-Owned Small Business (VOSB) set-aside and sole source contracts.
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2017 - WASHINGTON DC
www.JenniferSchaus.com
Requirements and Eligibility •
In order to be eligible for the SDVOSBC, you and your business must meet the following criteria: • • • • • •
The Service Disabled Veteran (SDV) must have a service-connected disability that has been determined by the Department of Veterans Affairs or Department of Defense The SDVOSBC must be small under the North American Industry Classification System (NAICS) code assigned to the procurement The SDV must unconditionally own 51% of the SDVOSBC The SDVO must control the management and daily operations of the SDVOSBC The SDV must hold the highest officer position in the SDVOSBC To be considered a Service-Disabled Veteran, the veteran must have an adjudication letter from the Veterans Administration (VA), a Department of Defense Form 214, Certificate of Release or Discharge from Active Duty, or a Statement of Service from the National Archives and Records Administration, stating that the veteran has a serviceconnected disability.
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2017 - WASHINGTON DC
www.JenniferSchaus.com
Certification Process – Veterans Administration •
Vets First Verification Program • •
Ensures that set-aside funds are awarded to legitimate firms owned and controlled by Veterans and Service-disabled Veterans. During Verification, the Center for Verification and Evaluation (CVE) verifies that SDVOSBs/VOSBs meet all of the requirements regarding Veteran eligibility, ownership, and control. In order to qualify for participation in the Veterans First Contracting Program, eligible SDVOSBs/VOSBs must first be verified.
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2017 - WASHINGTON DC
www.JenniferSchaus.com
Certification Process – Department of Defense •
No formal certification process for DoD or other non-VA SDVOSB acquisitions.
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Must self certify in System for Award Management (SAM) as part of the company’s representations and certifications.
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Representations and certifications must be revisited annually.
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2017 - WASHINGTON DC
www.JenniferSchaus.com
Issue – Ownership and Control •
Control - The management and daily business operations of the concern must be controlled by one or more service-disabled veterans. •
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•
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Control by one or more service-disabled veterans means that both the long-term decision making and the day-to-day management and administration of the business operations must be conducted by one or more service-disabled veterans The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veterans with permanent and severe disability, the spouse or permanent caregiver of such veteran Non-SDV investors or partners cannot reserve “important” decisions
Ownership – Ownership of the concern must be direct by one or more service disabled veterans. •
51% of the Ownership must be by a SDV or multiple SDVs.
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2017 - WASHINGTON DC
www.JenniferSchaus.com
Issue - Affiliation •
What are the general principles of affiliation? • • •
Generally, affiliation exists when one business controls or has the power to control another or when a third party (or parties) controls or has the power to control both businesses. Control may arise through ownership, management, or other relationships or interactions between the parties. If a small business is deemed to be affiliated with another business (small or large) the revenue from both concerns are aggregated, and the business may exceed procurement threshholds
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2017 - WASHINGTON DC
www.JenniferSchaus.com
Issue - Affiliation •
Control may be affirmative or negative. •
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Negative control includes instances where a minority shareholder has the ability, under the concern's charter, by-laws, or shareholder's agreement, to prevent a quorum or otherwise block action by the board of directors or shareholders. SBA will consider the totality of the circumstances when determining whether affiliation exists and may find affiliation based on the totality of the circumstances even though no single factor alone may be sufficient to constitute affiliation. If SBA determines that affiliation exists, then SBA will count the receipts, employees, or other measure of size for the concern whose size is at issue combined with the receipts, employees, or other measure of size for all of its domestic and foreign affiliates, regardless of whether the affiliates are organized for profit.
Jennifer Schaus & Associates
GOV CON WEBINAR SERIES - 2017
QUESTIONS? CONTACT OUR SPEAKER Milt Johns at (703) 590-1234 or at mjohns@fhhfirm.com
THANK YOU FOR ATTENDING!!
WWW.JENNIFERSCHAUS.COM