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)
Edward DeLisle
Department of Defense May Get its Own "Vets First" Program
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…
New SBA Rule Imposes Severe Penalties for Misrepresenting Size Status
On June 28, 2013, the Small Business Administration (“SBA”) issued a Final Rule relating to the penalties involved when a contractor misrepresents its small business size status. While the current regulations provide that a contractor might suffer certain penalties for “knowingly misrepresenting” its small business status, they offer little guidance concerning what those penalties might…
Is My Teaming Agreement Enforceable?
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…”)…
The VA Makes Major Policy Change Concerning Transfer Restrictions, Provides Expedited Reconsideration for Companies Denied SDVOSB Eligibility
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,…
OSDBU Seeks Guidance on Revisions to Verification Guidelines
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.…
Ceiling Shattered for Women-Owned Small Businesses
We’ve all heard about the “glass ceiling” experienced by women in the workplace. The term “glass ceiling” first appeared in an article published by the Wall Street Journal in 1986 and was used to describe the invisible barriers that women faced as they tried to climb the corporate ladder. While things seem to be better…
Miles Construction, LLC v. United States, No. 12-597C (Feb. 14, 2013), A Primer on Due Process
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…
SBA Provides Veteran Owners an Opportunity to Discuss Concerns about SDVOSB Programs
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…
Is the VA Violating the Small Business Act?
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…