In government contracting—as in life—it’s important to be honest. And in our experience, most government contractors are honest. Where a contractor is dishonest or untruthful, it can face significant sanctions.
So it was in a recent SBA Office of Hearings and Appeals decision, in which the OHA considered the cancellation of an entity’s SDVOSB status. In CVE Appeal of Afily8 Government Solutions, LLC, SBA No. CVE-125-A (2019), the OHA affirmed the cancellation of Afily8’s SDVOSB verification based on concerns that Afily8 did not provide truthful information to the VA’s Center for Verification and Evaluation.
Just like one word answers don’t work with your mom (who you should call this Sunday!), one sentence CVE Appeals don’t usually work for OHA. In one recent case, Secure2ware, Inc., SBA No. CVE-111 (Apr. 18, 2019), OHA provided reminders about what CVE Database appeals must include.
The SBA will begin hearing protests and appeals related to inclusion in the VA’s SDVOSB/VOSB CVE database on October 1, 2018.
On March 30, the SBA published a final rule, which responded to public comments made on the proposed rule issued last year. SBA’s Office of Hearings and Appeals will begin deciding these cases in the fall.
The SBA has proposed rules to enable contractors to file protests with the SBA Office of Hearings and Appeals challenging the SDVOSB or VOSB status of a company included in the VA’s CVE VetBiz database. The same set of proposed rules would allow a contractor to appeal to OHA if the VA denies the contractor’s application for inclusion in the CVE database, or cancels an existing verification.
The proposed rules, once finalized, will offer important new protections for SDVOSBs and VOSBs and are the first official step in implementing Congress’s mandate that the SBA and VA consolidate their SDVOSB eligibility requirements.