Tag Archives: SDVOSB eligibility

SDVOSB Not Required To Inform Agency Of Veteran’s Death, Says Court

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A SDVOSB was not required to inform a procuring agency that the service-disabled veteran owner had passed away following submission of the SDVOSB’s proposal, according to a recent decision of the U.S. Court of Federal Claims.

In NEIE, Inc. v. United States, No. 13-164 C (2013), the Court sharply criticized the U.S. Environmental Protection Agency for unjustifiably maintaining that the SDVOSB in question was required to inform the EPA of the veteran’s death, even though there is no such requirement in the regulations and the veteran’s death had no impact on the SDVOSB’s contract eligibility.

The NEIE case is not only a good reminder of when a SDVOSB must be eligible to receive a non-VA SDVOSB set-aside (typically, at the time of the initial priced offer), but a troubling example of an over-zealous procuring agency misinterpreting and misapplying the SDVOSB regulations to the detriment of an eligible SDVOSB.

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SDVOSB Program: VA Must Pay Attorneys’ Fees in Ownership Transfer Case

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The U.S. Court of Federal Claims has ordered the VA to pay attorneys’ fees to Miles Construction, LLC stemming from the Court’s February decision that the company’s  “right of first refusal” provision did not render it ineligible for the VA’s SDVOSB program.

In ordering the VA to pay attorneys’ fees, the Court held that the VA’s defense of its broad interpretation of “unconditional ownership” was not substantially justified–but also suggested that the Court might not reach the same result under the SBA’s SDVOSB rules.

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SmallGovCon Week In Review: Sept. 30 – Oct. 4, 2013

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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.

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Service-Disabled Veteran “Controlled” SDVOSB With 79% Ownership, Says SBA OHA

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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.”

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SmallGovCon Week in Review: September 16-20, 2013

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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.

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

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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.

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SmallGovCon Week In Review: Sept. 2-6, 2013

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SmallGovCon is now more than a year old (time flies!) and it’s time to make a few changes to enhance the site for our regular readers (and those who have yet to become regular readers).

As part of that effort, I am pleased to announce the debut of SmallGovCon Week In Review.  Every Friday, SmallGovCon Week In Review will spotlight a number of current news articles, editorials, and other writings.

In this week’s SmallGovCon Week In Review, the Washington Post focuses on the VA’s SDVOSB program, Federal News Radio spotlights new Department of Labor hiring benchmarks for federal contractors, Washington Technology offers advice from three of the country’s fastest-growing government contractors, and much more.

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