Category Archives: Service-Disabled Veteran-Owned Small Businesses

In VA Tiered Evaluation, Small Business Couldn’t Protest SDVOSB Discussions

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After the Supreme Court’s unanimous Kingdomware decision affirmed the VA’s statutory obligation to prioritize SDVOSBs in its contracting, the VA authorized the use of so-called “tiered evaluations.” In a typical VA tiered evaluation, various categories of offerors can submit proposals, but SDVOSB proposals are considered first, then VOSB proposals, and so on.

Recently, a non-SDVOSB small business protested the VA’s decision to open discussions with the only SDVOSB offeror to submit a proposal–discussions that allowed the SDVOSB to win the contract. But according to the GAO, the small business couldn’t file a valid protest because the small business wasn’t in the same tier.

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Don’t Forget the Attachments: A Quick Reminder from SBA’s OHA

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Did you remember to staple the cover sheet to your TPS report? And, more importantly, if you recently filed a CVE Appeal with the Small Business Administration’s Office of Hearings and Appeals, did you remember to attach a copy of your CVE denial or cancellation?

In OHA’s recent, and very short, decision, Joy Corporation, SBA No. CVE-155-A (Aug. 13, 2020), it reminded appellants that failure to do so will result in almost instant dismissal. To ensure you avoid this fate, read on.

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Strings Attached? Don’t Put Conditions on SDVOSB Ownership, Cautions OHA

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Ownership of a Service-Disabled Veteran-Owned Business has to be unconditional. As the owner of an SDVOSB recently found out, unconditional ownership generally means there can be no restrictions on the service-disabled veteran owner’s ability to sell the ownership interest. Let’s explore the details.

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Clean-Up on Aisle “FAR”: Joint Venture and Subcontracting Plan Rules Get Modernized

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Joint ventures and small business subcontracting are two issues near and dear to the hearts of many small business federal contractors. Well, the Federal Acquisition Regulation will soon be updated with respect to both of these topics. The new rules will align with SBA’s rules and remove any inconsistencies. Let’s dive in!

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GAO: VA’s Market Research Improperly Compared Apples to Oranges, Violated Rule of Two

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Under the VA’s Rule of Two, the VA is required to set aside solicitations for veteran-owned businesses if there is a reasonable expectation of receiving offers from two or more such businesses capable of performing the required work at a fair and reasonable price. But how reasonable does the VA’s expectation have to be in a given procurement?

GAO recently reviewed the reasonableness of VA’s efforts and found them lacking.

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DoD SDVOSB Contracts: OIG Reports Major Problems

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The Department of Defense Office of Inspector General (OIG) recently released an audit report about Service-Disabled Veteran-Owned Small Business Contract Awards at DoD . The report noted major concerns with how DoD is confirming eligibility for SDVOSB contract awards as well as monitoring subcontracting limitations.

These concerns could lead to increased monitoring and enforcement, so SDVOSB contractors should be keen to see what the report unearthed.

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In the Market for Freeze-Dried Ice Cream? SBA’s Proposed Rule on Surplus Property May Be For You!

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This month, the SBA proposed a new rule to expand access to Federal surplus personal property for veteran-owned small businesses, 8(a) Program Participants, and more.

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