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sdvosb joint ventureThe Service Disabled Veteran Owned Small Business Program (SDVOSB)  is steadily making its mark in government contracting. However, small businesses sometimes are not aware of the various rules that apply to set-asides, bid protests and the many nuances that apply to having SDVOSB status.

The government contract law attorneys at Watson & Associates, LLC often serve as general counsel for federal contractors and help clients to navigate through the various nuances involved with small business programs in federal procurement law. Whether there are disputes with the unique VA qualifying regulations, SDVOSB set-asides, sole source decisions or other disputes, our lawyers provide legal advice and litigation services to clients across the country.

General Counsel & Veteran  Small Business SDVOSB Contracting Services

Watson & Associates, LLC serves as general counsel for clients across the United States. If you are a veteran owned business, our government contracts attorneys can help you with a variety of legal matters that can arise during the bidding and contract performance stages. They include:

To speak to an experienced SDVOSB small business lawyer, call 1-866-601-5518 for a free initial consultation.

SDVOSB Requirements for Eligibility

In order to be eligible for the Service Disabled Veteran Owned Small Business Program, you and your business must meet the following requirements.

  • The Service Disabled Veteran (SDV) must have a service-connected disability that has been determined by the Department of Veterans Affairs or Department of Defense
  • The SDVOSB must be small under the North American Industry Classification System (NAICS) code assigned to the procurement
  • The SDV must unconditionally own 51% of the SDVOSB
  • The SDVO must control the management and daily operations of the SDVOSB
  • The SDV must hold the highest officer position in the SDVOSB

SDVOSB Small Business Control Disputes

There are certain SDVOSB eligibility requirements that address control of the SDVOSB entity. They include::

  • The management and daily business operations of the concern must be controlled by one or more service-disabled veterans.
    • Control by one or more service-disabled veterans means that both the long-term decision making and the day-to-day management and administration of the business operations must be conducted by one or more service-disabled veterans
    • The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse of permanent caregiver of such veteran
  • Service-disabled veteran means a veteran with a disability that is service-connected.
  • Ownership must be direct. Ownership by one or more service disabled veterans must be direct ownership.
    • A concern owned principally by another business entity that is in turn owned and controlled by one or more service-disabled veterans does not meet this requirement.

SDVOSB Joint Venture Relationships 13 CFR 125.6

When companies are awarded a government contract based upon an SDVOSB joint venture, the are certain key points that the business owners must comply with: The main points of the joint venture arrangements are as follows:

Performance of Work  Requirements

  1. The SDVOSB partner of the Joint Venture must perform at least 40% of the work.  This work must be more than administrative or ministerial in nature.
  2. The SDVOSB Joint Venture must perform the applicable percentage of work required by 13 CFR 125.6 (see our webpage for Limitation on Subcontracting)
  3. At the completion of an IDIQ Contract, the Joint Venture must submit a report to the Contracting Officer and the SBA, certifying that the performance of work requirements were met for the contract and that the contract was performed in accordance with the provisions of the Joint Venture Agreement

Responsibilities 

  1. Joint Venture must itemize all major equipment, facilities, and other resources to be furnished by each party to the joint venture, with a detailed schedule of cost or value of each, where practical.  If not practical, the JV must explain how the parties to the joint venture will furnish such resources to the joint venture once a definite scope of work is available.
  2. SDVOSB Joint Ventured must specify the responsibilities of the parties with regard to negotiation of the contract, source of labor, contract performance, materials and  major equipment (including costs).  For IDIQ type contracts where it is not possible to do so with precision, a general description is sufficient.  However, when a definite scope of work is obtained, a detailed description of the parties’ responsibilities with regard to contract performance should be added to the Joint Venture.
  3. Joint Venture must guarantee completion of the work despite the withdrawal of any member.

SDVOSB Joint Venture Certification Before Starting Work

  1. Prior to performance of the contract, the SDVOSB must submit a written certification to the Contracting Officer and SBA, stating that (i) the parties have entered into a Joint Venture that fully complies with 13 CFR § 125.18(b)(2) and (ii) the parties will perform the contract in compliance with the performance of work requirements set forth in paragraph 13 CFR 125.18(b)(3).

Nationwide SDVOSB Government Contracting Help: Our government contracts and service disabled veteran owned business (SDVOSB) services offer general counsel for federal contractors in all states regarding legal and non-legal matters. We assist disabled veteran service businesses in Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, U.S. Virgin Islands, Utah, Vermont, Virginia, Washington, Washington, DC, West Virginia, Wisconsin, and Wyoming. 

Cities in which our SDVOSB government contracts attorneys assist veteran owned business (SDVOSB) clients include Anchorage, AK; Atlanta, GA; Austin, TX; Chicago, IL; Colorado Springs, CO; Dallas, TX; Denver, Colorado; Indianapolis, IN; Las Vegas, NV; Los Angeles, CA; Miami, FL; Philadelphia, PA; San Antonio, TX; San Diego, CA; San Francisco, CA; San Jose, CA; Santa Clara, CA; and Tampa, FL.

Contact Our Government Contract SDVOSB Lawyers

If you need legal advice, general counsel, or consulting services as an SDVOSB Small Business, call our government small business lawyers at 1-866-601-5518.