Five Things You Should Know: The SDVOSB “Extraordinary Circumstances” Rule

If you’re part of a service-disabled veteran-owned small business, you’ve probably heard of the “extraordinary circumstances” rule–but there’s a lot of confusion out there about what the rule is and how it works.

So let’s get right to it. Here are five things you should know about the SDVOSB extraordinary circumstances rule.

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House-Passed 2021 NDAA Creates Government-Wide SDVOSB Certification Requirement

Ever since the VA set up its SDVOSB verification program, critics of SDVOSB self-certification have been pushing for the government to expand SDVOSB verification government-wide. Now, it might finally happen.

Section 831 of the House of Representatives’ version of the Fiscal Year 2021 National Defense Authorization Act would expand SDVOSB verification government-wide, formally rename it “certification,” and transfer certification authority from the VA to the SBA.

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

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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OHA Remands Area Office’s Conflicting Decision in Concurrent Size and Status Protests

What happens when an SBA area office finds a joint venture compliant with SBA rules in a size protest, but SBA’s Office of Hearings and Appeals says the same agreement fails to meet requirements in a status protest? Let’s find out.

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DoD SDVOSB Contracts: OIG Reports Major Problems

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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OHA Denies Protest: Veteran Didn’t Need to List Disability on Social Media

The SBA Office of Hearings and Appeals denied an SDVOSB-status protest recently where the protester’s main argument amounted to an allegation that the owner of a competitor failed to identify on social media that he had a service-related disability.

OHA called the allegation “completely without merit.”

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VA Updates, Expands, and Clarifies Its Verification Assistance Briefs

The VA and SBA have numerous regulations defining the eligibility requirements for participation in the veteran-owned and service-disabled veteran-owned small business programs. To help laypersons better understand these regulatory hurdles the VA publishes Verification Assistance Briefs. These “are resources to assist applicants in obtaining VA Verification for the Veterans First Contracting Program” and understand SBA’s ownership and control criteria. The VA recently updated all of its existing Briefs and added some new ones. Read on for an overview of the 26 Briefs and a more detailed look at some of the more notable ones.

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