The shutdown dominated government contracts headlines this week, and rightfully so.
This week’s SmallGovCon Week In Review features plenty of shutdown coverage, including several pieces focusing on small businesses. But the week’s government contracts news and commentary also included a welcome drop in wait times for VA SDVOSB applications, Guy Timberlake’s insights on government spending through procurement vehicles versus standalone contracts, and more.
A service-disabled veteran, who owned 80% of this business and served as its highest officer, “controlled” the company within the meaning of the SBA’s SDVOSB regulations, according to a recent decision of the SBA Office of Hearings and Appeals.
SBA OHA’s commonsense decision overturned an earlier SBA determination that the veteran’s majority ownership and officer position did not amount to “control.”
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 SDVOSB protest process has been criticized by some (including a certain Kansas-based government contracts attorney) for failing to offer a right of appeal. Under the VA’s rules, if a protested company was found to be ineligible as a SDVOSB, its only option was to sue the VA in federal court–an expensive and time-consuming proposition.
Until now.
Today, the VA published an interim final rule, under which a protested SDVOSB has the right to an appeal within the VA. The new system isn’t perfect, but it’s a step in the right direction.
On a typical September 27, government contracting headlines are dominated by last-minute fiscal year spending. But this year, government shutdown talk has drowned out most other government contracts news.
This week’s SmallGovCon Week In Review features articles on the shutdown, as well as a few headlines you might have missed regarding Federal Prison Industries, OASIS, and more.
The GAO’s bid protest jurisdiction does not extend to complaints that a government agency has violated a company’s intellectual property rights.
According to a recent GAO bid protest decision, the GAO lacks jurisdiction over intellectual property matters, and affected companies must seek relief in the federal courts.
A participant in the SBA’s 8(a) program must obtain the SBA’s prior approval before switching its business structure–or else.
Case in point: recently, an 8(a) participant was terminated from the 8(a) program because it switched its corporate structure from a corporation to a limited liability company without the SBA’s prior approval.