The Small Business Administration (SBA) and the Department of Veterans Affairs (VA) finalized new regulations, effective October 1, 2018, that govern eligibility to obtain contracts that are set aside for veteran-owned small business and service-disabled veteran-owned small business (collectively, “(SD)VOSB”). The regulatory changes are intended to improve coordination between the VA’s “Vets First” program, which covers (SD)VOSB set-asides issued by the VA, and the SBA’s program, which covers (SD)VOSB set-asides issued by all other government agencies.
Continue Reading SBA and VA Publish Final Revisions to Regulations That Govern Set-Asides for VOSBs and SDVOSBs
Additional Changes Concerning VOSB/SDVOSB Verification?
It’s been an eventful November for the Federal Government’s VOSB/SDVOSB programs. First, the Department of Veterans Affairs (“VA”) issued a proposed rule outlining changes that would drastically change the manner in which eligibility requirements are analyzed (you can read about it here). Now, Congress is proposing additional changes to the VOSB and SDVOSB verification process.
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Big News for Veteran-Owned Small Businesses
Last week, the House of Representatives voted to amend the Department of Transportation’s (“DOT”) definition of Disadvantaged Business Enterprises (“DBEs”) to include Veteran-Owned Small Business Concerns (“VOSBs”). This was accomplished by passing the “Fairness to Veterans for Infrastructure Investment Act of 2015” (the “Bill”). As the Bill states, its purpose is to improve contracting opportunities for veteran-owned small business concerns, and that is just what will happen if the Bill is signed into law.
Continue Reading Big News for Veteran-Owned Small Businesses
VA Proposes Changes to VOSB/SDVOSB Regulations, Aims for Consistency with COFC Ruling in Cohen Seglias’ Miles Construction Case
Listen up, VOSBs and SDVOSBs! Major changes are in store for the Department of Veterans Affairs’ VOSB/SDVOSB program.
On November 6, 2015, the VA issued a proposed rule, which could drastically change the way the two eligibility requirements for VOSBs and SDVOSBs are interpreted. The VA explained the changes as follows:
Continue Reading VA Proposes Changes to VOSB/SDVOSB Regulations, Aims for Consistency with COFC Ruling in Cohen Seglias’ Miles Construction Case
The 2015 National Veterans Small Business Engagement
Please join us on November 18th and 19th for Maria Panichelli’s three seminars at the 2015 National Veterans Small Business Engagement in Pittsburgh, PA. To view the dates and times of Maria’s seminars, and to register, visit the NVSBE website.
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Three Provision Pitfalls in Small Business Corporate Governance Documents
You probably already know about set-aside programs offered by the Small Business Administration (SBA) and the Department of Veterans Affairs (VA), but did you know that provisions in your corporate governance documents could ruin your eligibility for those programs? Ed DeLisle and Maria Panichelli’s new article for Onvia covers critical corporate governance provisions that could…
Court of Federal Claims Reaffirms VOSB/SDVOSB’s Right to Due Process During Protests, Rejects VA’s Interpretation of Revised Protest Regulations
Several months ago, we told you about Ambuild Company v. LLC v. U.S., a very important case pending before the Court of Federal Claims (“COFC”). The AmBuild case was of particular interest to our firm because it concerned the interpretation of a Department of Veterans’ Affairs (“VA”) regulation, which the VA revised following an…
Miles II: Court of Federal Claims Awards Attorneys’ Fees and Provides Further Guidance
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…
American Legion Weighs In on Kingdomware and Asks Federal Circuit to Force VA to Comply with the Law
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.…
VA Will Maintain Control Over VOSB/SDVOSB Status Protests….For Now
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)…