As of October 1, 2018, the U.S. Small Business Administration Agency (SBA) has assumed the responsibility of issuing regulations relating to ownership and control for the Department of Veterans Affairs (VA) verification of Veteran-Owned and Service-Disabled Veteran-Owned Small Business concerns (VOSB or SDVOSB). Regulations will appear in 13 C.F.R. part 125. The National Defense Authorization Act for Fiscal Year 2017 (NDAA 2017) authorized the transfer of these regulations from the VA to standardize definitions of VOSBs and SDVOSBs between the VA and SBA.
What the VA will do
The VA will continue to determine whether applicant firms qualify as either a VOSB or SDVOSB under its Vets First Contracting Program, thus allowing approved firms to participate in set-asides issued by the VA.
What the SBA will do
Under the new SBA rules, challenges to the status of a VOSB or SDVOSB based upon issues of ownership or control will be decided by the administrative judges at the SBA’s Office of Hearings and Appeals (OHA). The SBA OHA will thus decide protests of eligibility for inclusion in the VA Center for Verification and Evaluation (CVE) database, including appeals of denials and cancellations of inclusion in the CVE database. Protest regulations will appear in 13 C.F.R. part 134.
As always, contact an experienced government contracts attorney for assistance with protests before the SBA OHA, whether they are related to CVE issues, size issues, or NAICS issues.
About the Authors
GOVCON University Blog authors Milt Johns, Partner, and Rachel Leahey, Associate, lead FH+H's Government Contracts Practice. Focusing on the middle market, Milt and Rachel help guide government contractors through the maze of applicable rules and regulations to enable corporate success, now and in the future.
Additional information regarding their capabilities and previous representations can be found here.