Category Archives: Service-Disabled Veteran-Owned Small Businesses

SDVOSBs: Say Goodbye to the “Center for Veterans Enterprise”

Posted on by

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.

VA SDVOSB Protests: New Rule Allows Appeals

Posted on by

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.

Continue reading →

SmallGovCon Week in Review: September 16-20, 2013

Posted on by

In this week’s SmallGovCon Week In Review, the American Legion asks an appellate court to overturn the infamous Kingdomware SDVOSB decision, the Office of Management and Budget prepares for a potential government shutdown, a blogger writes that despite new rules, small subcontractors may be mistreated by large primes, and much more.

Continue reading →

8(a) Program: OHA Judge Slams SBA For Claim It Cannot Play DVDs

Posted on by

The SBA’s claim that it could not access information provided by an 8(a) program applicant in DVD format was “not credible,” according to a recent 8(a) program appeal ruling issued by the SBA Office of Hearings and Appeals.

In Sunrise Staffing, SBA No. BDPE-499 (2013), the SBA OHA–in an unusually sharply-worded opinion–rejected the SBA’s excuses for not reviewing relevant information provided by the 8(a) program applicant, and granted the applicant’s 8(a) appeal.

Continue reading →

VA CVE: SDVOSBs Must Remove “Large” NAICS Codes From VetBiz Within 30 Days

Posted on by

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.

Continue reading →

Bill Introduced To Transfer SDVOSB Verification To SBA

Posted on by

Today, Congressman Mike Coffman introduced the Improving Opportunities for Service-Disabled Veteran-Owned Small Businesses Act of 2013.

The bill would standardize the requirements for SDVOSB eligibility, eliminating the current differences between the SBA’s and VA’s regulations.  In addition, the bill would transfer responsibility for verifying SDVOSB status to the SBA (the VA would retain authority for determining whether an individual is a service-disabled veteran).

Hardy Stone’s website, VetLikeMe, has a more detailed summary of the bill.  I will be closely tracking this legislation and will post updates if and when it moves forward.

SDVOSB Joint Ventures: Supermajority Provision Defeats Eligibility, Says SBA OHA

Posted on by

A SDVOSB joint venture was not eligible for award of a SDVOB set-aside contract because its joint venture agreement called for certain decisions to be made by supermajority vote.

As explained by the SBA Office of Hearings and Appeals in its decision finding the SDVOSB joint venture ineligible, the supermajority provision undermined the regulatory requirement that a SDVOSB joint venture be managed by an eligible SDVOSB.

Continue reading →