If you have ever looked into socio-economic certifications through the SBA or “set-asides” as some call them, you undoubtedly have run into SBA’s certify portal. It certainly is a big part of the small business federal contracting landscape, with likely massive numbers of site visitors a day. However, it will soon be updated, causing a pause on new applications very soon.
Continue readingCategory Archives: Service-Disabled Veteran-Owned Small Businesses
Good Timing: SBA Decision on Full-Time Devotion Allows For Two Jobs if No Hours Overlap
There are multiple overlaps in SBA’s socioeconomic rules for the 8(a) Program, Women-Owned Small Business Program (WOSB), and the Service-Disabled Veteran-Owned Small Business (SDVOSB) Program. One in particular has often caused some confusion for our clients: the full-time devotion requirement. This rule generally requires that the service-disabled veteran owner (or equivalent key owner in the other programs) work full time for the company with the SDVOSB status. But what does this mean in practice, especially for start-up companies where the owner may be working a second job. A recent SBA decision sheds some light on the full-time devotion rule.
Continue readingUpdate: SBA Will Eliminate Remaining SDVOSB Self-Certification December 2024
As SmallGovCon readers may recall, SBA has already eliminated the ability to self-certify as a Service-Disabled Veteran-Owned Small Business (SDVOSB) for all prime contracting opportunities set aside for SDVOSBs. This change occurred January 1, 2024 and meant that self-certified SDVOSBs will no longer be eligible for set-aside and sole source contracts. We wrote about the change here. However, the rule change left in place the self-certification ability for self-certified SDVOSBS, but only for subcontracting purposes and government goaling purposes. This will be changing in December 2024.
Continue readingSBA Proposed Rule: Make WOSB, SDVOSB, and 8(a) Regulations More Consistent
If you ask any small business federal government contractor or their attorney for the top complaints about the regulations that apply to the Small Business Administration, inconsistency between the various programs is likely to show up on that list. At first glance, it seems the requirements are pretty standard across the board. However, when you dive deeper, you’ll likely notice that even though the requirements are similar, there are enough small differences in the language you can’t just assume that, say, a requirement for service-disabled veteran-owned small business (SDVOSB) is going to be the same for a woman-owned small business (WOSB) or an 8(a) Program participant.
The differences make it crucial to look at the specific regulations for the specific SBA program to ensure compliance. You can’t just assume that they are the same. Thankfully, it looks like the SBA has finally heard our cries for consistency with a recent Notice of Proposed Rulemaking, in which it attempts to align the WOSB Program with the new SDVOSB/VetCert Program and the 8(a) Program. And, as an added bonus, the beginnings of what appears to be a plan to make the WOSB certification process a bit easier if your business is already certified under either the 8(a) program or the SDVOSB program.
Continue readingSBA: Full-Time Devotion Still Matters for SDVOSBs
SBA’s Service-Disabled Veteran-Owned Small Business (SDVOSB) rules include one particular component dealing with the working hours of a service-disabled veteran owner of an SDVOSB business, often called the full-time devotion rule. SBA has recently reviewed its full-time devotion requirement in an SDVOSB protest, and found that the company in question did not establish that a service-disabled veteran met the requirement.
Continue readingWebinar! Small Business Certifications, March 20, 2024, 10:00-11:00 am CDT
Please join federal government contracts attorneys Nicole Pottroff & Greg Weber for this informative webinar on SBA certifications hosted by Catalyst Center for Business & Entrepreneurship. Participants will get an overview about the Small Business Certifications including:
- Woman Owned Small Business and Economically Disadvantaged Woman Owned Small Business
- 8(a) Business Development Program
- HUBZone (Historically Underutilized Business Zone)
- Service Disabled Veteran Owned Small Business
We will discuss how to get certified, how long it may take, regulations, changes, updates, and tips and tricks on how to be prepared. Please Register here.
OHA Sustains Status Protest: Self-Proclaimed SDVOSB Awardee Not Certified by VetCert, Not Eligible For SBA’s Grace Period, And Not Veteran Owned or Controlled
In Mckenna Brytan Indus. LLC, SBA No. VSBC-334, 2023 (Feb. 8, 2024), the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA) sustained the Service-Disabled Small Business (SDVOSB) status protest of BTNG Enterprises, LLC (BTNG). In its decision, OHA reiterated the two current regulatory options for calling yourself an “SDVOSB” concern: the first, is having your SDVOSB application officially approved by the SBA and your company listed in the SBA’s Veteran Small Business Certification Program (VetCert) data base; and the second, is having submitted your complete application to SBA through VetCert prior to December 31, 2023, and be currently waiting for approval or denial. Here, OHA was unable to conclude that BTNG had done either of those things–despite looking for evidence of eligibility from the SBA and from BTNG itself.
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