While most of the rules for SDVOSB eligibility now reside with the SBA, the VA is still responsible for verification of entities for inclusion into its database of verified SDVOSBs and VOSBs. A recent Court of Federal Claims case describes what sort of conduct might get a business removed from the VA’s database–even if that conduct doesn’t run afoul of the SBA’s SDVOSB rule.
While the conduct in this case is somewhat egregious, it is a good reminder that VA has the power to thoroughly investigate the eligibility of an SDVOSB and can revoke the verified status based on inaccurate statements in an application.
An incumbent contractor performing VA CVE SDVOSB verification functions was ineligible to be be re-awarded an order for those services because of an unmitigated organizational conflict of interest.
In a recent decision, the U.S. Court of Federal Claims upheld the VA’s decision to cancel the award to the incumbent contractor and exclude that contractor from the follow-on order.
Last week, I joined Guy Timberlake of the American Small Business Coalition for another segment of the popular “GovConChat” podcast series.
Guy and I discussed the impact of the 2015 National Defense Authorization Act on small contractors, including provisions (or a lack thereof) involving SDVOSBs, WOSBs, and reverse auctions. Guy and I also chatted about a recent allegation of HUBZone fraud stemming from a contractor’s alleged use of a “virtual office” as its supposed HUBZone location.
It’s always a pleasure speaking to Guy, who brings a great perspective to the issues (as well as a memorable voice tailor-made for podcasts). Check out the full podcast by following this link, and be sure to check out the GovConChat archives for Guy’s conversations with other movers and shakers in federal procurement.
Last week, the U.S. House of Representatives passed the 2015 defense authorization bill. The House-passed version of the 2015 National Defense Authorization Act would transfer VetBiz SDVOSB verification from the VA to the SBA.
If the Senate agrees, and the President signs the bill into law, the process of transferring SDVOSB verification from the VA CVE to the SBA could begin later this year.
The government’s use of two separate SDVOSB programs–with differing rules and requirements–has caused widespread confusion among the very veterans the programs were designed to assist.
Yesterday, I joined Francis Rose of Federal News Radio for a conversation about the government’s two SDVOSB programs. You can download my audio segment on the Federal News Radio website, and catch Francis every weekday from 4:00 to 7:00 p.m. Eastern on Federal News Radio.
The “Center for Veterans Enterprise” is no more. Technically speaking, anyway.
Tucked away in today’s interim final rule on SDVOSB protests and appeals is a notation that the VA CVE has renamed itself the “Center for Verification and Evaluation.” According to the rule, the purpose of the new name is to “more accurately reflect the mission of this office which is to determine the status of SDVOSBs and VOSBs with respect to VA’s SDVOSB/VOSB set-aside acquisition program established by 38 U.S.C. 8127.”
As a practical matter, the name change will have no effect on SDVOSBs and VOSBs. But perhaps in connection with other positive developments this year–most notably, the pre-determination findings program–the “new” VA CVE will begin to improve its standing with frustrated veterans.
The VA CVE has instructed verified SDVOSBs to remove so-called “large NAICS codes” from their VetBiz Vendor Information Pages profiles within 30 days–or else.
According to a recent email from the VA CVE (which was kindly shared with me), SDVOSBs must remove any NAICS codes for which they do not qualify as a small business. Failing to remove these “large NAICS codes” may result in potentially harsh penalties, including debarment.