Federal Construction Contracting Blog

Federal Construction Contracting Blog

Legal Information and Resources for Federal Construction Contractors

Tag Archives: SDVOSB

Big Changes for Small Business: Revisions to Protest and Appellate Procedure

Posted in Contractor Information Sources, Procurement Information, Small Business Contracting
By: Edward T. DeLisle, Gary J. Repke, Jr. & Maria Panichelli Attention all small business owners!  As a result of a final rule issued by the FAR Council on July 25, requirements for protesting small businesses size and eligibility status are changing effective August 25, 2014.  This rule, which finalizes an interim rule issued on March 7, 2013, updates size and eligibility … Continue Reading

Miles II: Court of Federal Claims Awards Attorneys' Fees and Provides Further Guidance

Posted in Small Business Contracting
Miles Construction, LLC v. United States, No. 12-597C (2013) has been a very important case for SDOVSBs and VOSBs. Our victory in Miles not only resulted in a big win for our client, but it also caused the VA to change its policy regarding transfer restrictions generally, benefitting all veteran-owned companies. Before Miles, the VA … Continue Reading

American Legion Weighs In on Kingdomware and Asks Federal Circuit to Force VA to Comply with the Law

Posted in Small Business Contracting
On September 11, 2013, the American Legion filed an amicus curiae brief, asking the Federal Circuit to reverse the Court of Federal Claims’ November decision in Kingdomware Technologies, Inc. v. The United States. In Kingdomware, the COFC effectively overturned an important line of Government Accountability Office (“GAO”) decisions affecting VOSBs and SDVOSBs. Those GAO cases … Continue Reading

VA Will Maintain Control Over VOSB/SDVOSB Status Protests....For Now

Posted in Small Business Contracting
On September 30, 2013, the Department of Veterans’ Affairs (VA) issued an interim final rule, announcing that it would maintain authority over VOSB/SDVOSB status protests made in connection with the agency’s “Vets First” contracting program (the “Program”). Back in 2009, when the Program was created, the VA and the Small Business Administration (SBA) were tasked … Continue Reading

Department of Defense May Get its Own "Vets First" Program

Posted in Small Business Contracting
Many of you are already familiar with the Department of Veterans Affairs’ Vets First Program. That program, created in 2006 through the enactment of the Veterans Benefits, Health Care and Information Technology Act of 2006, allows the VA to set-aside certain contracts for SDVOSB and VOSB concerns. The intent of the VA’s Vets First program … Continue Reading

Is My Teaming Agreement Enforceable?

Posted in Small Business Contracting
Teaming Agreements in the world of federal procurement are commonplace.  They are formally encouraged by the government at FAR part 9.602 (wherein it states that “Contractor team arrangements may be desirable from both a Government and industry standpoint in order to…complement [contractor]‘s capabilities; and [o]ffer the Government the best combination of performance, cost, and delivery…”) and … Continue Reading

The VA Makes Major Policy Change Concerning Transfer Restrictions, Provides Expedited Reconsideration for Companies Denied SDVOSB Eligibility

Posted in Small Business Contracting
Following recent congressional testimony, as well as a newsletter published by the Department of Veterans Affairs’ (“VA”) Center for Veterans’ Enterprise (“CVE”) last month,  it would appear that the Miles decision (discussed in detail here and here) has forced an important change in VA policy regarding transfer restrictions. Prior to the Miles opinion, the VA had … Continue Reading

OSDBU Seeks Guidance on Revisions to Verification Guidelines

Posted in Small Business Contracting
On May 13, 2013, the Department of Veterans Affairs’ (“the VA”) Office of Small Disadvantaged Business (“OSDBU”) published an advanced notice of proposed rulemaking, asking the public for guidance on how best to revise its verification regulations. Better late than never. Since the verification program’s inception, it has been hampered by issues and problems. The … Continue Reading

Miles Construction, LLC v. United States, No. 12-597C (Feb. 14, 2013), A Primer on Due Process

Posted in Small Business Contracting
Back in February, we provided readers with an overview of a case that we litigated at the end of last year, Miles Construction, LLC v. United States, No. 12-597C (Feb. 14, 2013). The major focal point of the decision was the court’s ruling that “a standard right of first refusal is a ‘normal commercial practice,’” … Continue Reading

SBA Provides Veteran Owners an Opportunity to Discuss Concerns about SDVOSB Programs

Posted in Small Business Contracting
Next week, the Small Business Administration (“SBA”) is giving SDVOSBs a rare opportunity to voice their concerns about government small business programs — publicly, and directly to the SBA itself. Yes, you read that correctly. The SBA recently announced that it will host a meeting of the Interagency Task Force on Veterans Small Business Development … Continue Reading

Is the VA Violating the Small Business Act?

Posted in Small Business Contracting
It’s not all that surprising when contactors question the Department of Veterans Affairs’ authority, especially those who are denied SDVOSB verification.  It’s a little surprising, however, when members of Congress do it.  Late last month, two congressmen explicitly challenged the VA’s management structure, which could have an impact on how the verification process operates in … Continue Reading

Remote Control

Posted in Small Business Contracting
In today’s world, it is not at all uncommon for employees, or even owners of companies, to “telecommute” or “work remotely” from time to time. It’s one of the many great things that technological advancement has provided. In fact, many say that it’s too easy to stay connected to the office, making it impossible ever … Continue Reading

The SDVOSB Verification Process is Changing

Posted in Small Business Contracting
Since 2010, when the VA instituted its process to verify service-disabled, veteran-owned small businesses, we have received call after call from companies that have been denied verification. Denial, of course, can have a devastating effect. Without receiving verified status, a company cannot qualify for contracts set-aside by the VA for SDVOSB companies. Many times, when … Continue Reading

Cohen Seglias Wins Big Case for Service-Disabled Veteran-Owned Small Businesses

Posted in Small Business Contracting
For many Veterans and Service-Disabled Veterans attempting to do business with the Department of Veterans Affairs, the hope outlined in the Veterans Benefits, Health Care, and Information Technology Act of 2006 (the “Act”) has largely been elusive.  The Act called for the VA to give “priority to [] small business concern[s] owned and controlled by … Continue Reading

Supermajority Requirements Render Business Concern Ineligible for Participation in the SDVO Program

Posted in Bid Protests
By: Edward T. DeLisle & Maria L. Panichelli SDVOSB Appeal of Rush-Link One Joint Venture, SBA No. VET-228 (2012), a recent Small Business Administration Office of Hearings and Appeals (“OHA”) decision that we discussed previously, demonstrates how a company’s internal corporate structure can impact that company’s eligibility to participate in the Service-Disabled Veteran Owned (“SDVO”) … Continue Reading

SBA Relies on 8(a) Regulations to Deny SDVO Eligibility Due to Minority-Owner Loans

Posted in Bid Protests, Small Business Contracting
By: Edward T. DeLisle & Maria L. Panichelli In a recent opinion, SDVOSB Appeal of Rush-Link One Joint Venture, SBA No. VET-228 (2012), the United States Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”) used two 8(a) program regulations, namely 13 C.F.R. § 124.106(g) and 13 C.F.R. § 124.3, to determine whether a … Continue Reading

Past Performance Reporting Overseas: Does it Happen?

Posted in Procurement Information, Small Business Contracting
By: Edward T. DeLisle For those who regularly read our blog, you know that we have followed the government’s recent concern about fraud and abuse in the federal procurement process.  The GAO has issued reports that recite such abuse relative to the 8(a), HUBZone and SDVOSB programs.  As those reports indicate, companies have been awarded … Continue Reading

New VA Veteran-Owned Small Business Verification Guidelines

Posted in Small Business Contracting
A Final Rule governing Service Disabled Veteran-Owned small Business Concerns (“SDVOSB”) was published in the Federal Register on February 8, 2010. This law requires the Department of Veterans Affairs (“VA”) to verify ownership and control of veteran-owned small businesses, including service-disabled veteran-owned small businesses. The final rule also defines the eligibility requirements for businesses to … Continue Reading

Fraud, Abuse and the Service-Disabled Veteran-Owned Small Business Program

Posted in Small Business Contracting
By: Edward T. DeLisle In recent testimony provided to the House of Representative’s Committee on Small Business, a disturbing fact was revealed: millions of dollars earmarked for Service-Disabled Veteran-Owned Businesses (“SDVOSBs”) have been paid to companies that do not qualify for the program. Compounding the problem is the fact that insufficient fraud-prevention programs exist to … Continue Reading