SDVSOB Certification Guidance When You are Applying for SDVOSB Status or In a Legal Dispute With the Federal Government
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Watson & Associates, LLC is a veteran-owned small business with attorneys that understand the various issues that small businesses face in the federal procurement marketplace. We work with many companies across the country that are doing business with the federal government and who need consulting on topics related to federal government contracts and how the contracting officer may award these types of contracts.
The Service Disabled Veteran Owned Small Business Certification Program (SDVOSB Certification application) is a very valuable tool for your business development. However, doing business with the federal government means more than just knowing how to get certified.
- Not only do you have a submit a sound SDVOSB application to get the status but after getting certified you also have to learn about the confusing rules about teaming agreements, joint venture arrangements and how to comply with federal procurement rules to stay out of legal trouble.
SDVOSB Certification Attorney Services
Watson & Associates, LLC lawyers represent Service Disabled Veteran Owned Small Business contractors across the United States by helping them to avoid frequent and costly legal mistakes made during the contract performance stage and during litigation. Our legal services include:
- Help with the certification process
- SDVOSB applications
- SDVOSB Teaming agreements
- SDVOS Joint venture agreements,
- Bid protests,
- Small Business size protests and size determinations
- Government Contract claims
- Justification and approval disputes
- NAICS Appeals to OHA
- Limitations of subcontracting and relationships with large businesses
- VA SDVOSB sole source acquisition and SDVOSB set aside disputes
- Government contract consulting services
To speak with an experienced small business government contract lawyer about how to get SDVOSB certification or help with your SDVOSB application, call 1-866-601-5518 for a free initial consultation.
In order to be eligible for the Service Disabled Veteran Owned Business Certification Program, you and your business must meet the following SDVOSB requirements for SDVOSB set asides and sole source award to a SDVOSB company.
- 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
- Must be small under the North American Industry Classification System (NAICS) code assigned to the procurement
- The SDVOSB must unconditionally own 51% of the company
- The qualifying member must control the management and daily operations
- The SDVOSB must hold the highest officer position
If you are applying for SDVOSB or veteran owned business certification status or Veterans First Contracting Program for the sole purpose of getting federal government contracts, you must make sure that all SDVOSB requirements are met before applying the VA.
What is an SDVSOB Small Business?
Vets should first realized that being a veteran is not the same as a service disabled veteran. In both situations, the company must be at least 51% unconditionally owned and controlled by a veteran. or the service- disabled veteran – whichever applies. Keep in mind that the SBA and VA may have different application to a specific individual. In other words, you cannot use SBA regulations to challenge VA actions.
If you served in the U.S. Military on active duty for the active military, naval, or air force services, you must also have been discharged under other than dishonorable conditions to meet the SDVOSB certification application requirements. Apply for Service Disabled Veteran Owned Small Business Certification to the VA for federal veteran contracts is not the place to challenge whether or not you should have received disabled status.
- A service disabled veteran is a person who served in the active military, naval, or air service, and who was discharged or released under conditions other than dishonorable.
- Your disability must have occurred or been aggravated in line of active duty in military, naval, or air service and can result from injury or disease Such disability does not require a minimum rating to be considered. A veteran with a 0 to 100% disability rating is eligible to self-represent as a Service-Disabled Veteran for Federal contracting purposes.
- ( Self- representation) A veteran with a 0 to 100% disability rating is eligible to self-represent as a Service-Disabled Veteran for Federal contracting purposes.
- A business hoping to be considered a “Service-Disabled Veteran Owned” must be at least 51% unconditionally owned and controlled by an individual who is considered, by the government, a Service-Disabled Veteran. …
Avoid Costly With SDVOSB Joint Venture Arrangements
When two companies joint together and pursue federal contracts, they should be proactive and anticipate challenges about joint venture arrangements. Many companies make serious mistakes because of the one of the following:
- Failure in an SDVOSB joint venture to designate the managing member of the relationship to SDVO SBC participant
- Having the SDVO SBC(s) receive profits from the joint venture commensurate with the work performed
- Not Being able to demonstrate that the SDVO Participant actual controls the relationship
- Failure to prove that SDVO SBC partner(s) to the joint venture perform at least 40% of the work performed by the joint venture
- Failure to comply with the limitations on subcontracting rules
- Developing improper teaming agreements and mistakenly apply SDVOSB joint venture regulations.
Help With SDVOSB Sole Source Contracts
At Watson & Associates, LLC our government contract attorneys also help companies to navigate through the issues related to SDVOSB sole source awards. In many cases, the protest against SDVOSB sole source awards will target agency actions. However, your company’s capability and unique qualifications may come into play when defending against a challenged award. Keep in mind that under FAR 19.406 Sole source awards to service-disabled veteran-owned small business concerns.
(a) A contracting officer shall consider a contract award to a SDVOSB concern on a sole source basis (see 6.302-5(b)(6)), before considering small business set-asides (see 19.203 and subpart 19.5) provided none of the exclusions of 19.1404 apply and—
(1) The contracting officer does not have a reasonable expectation that offers would be received from two or more service-disabled veteran-owned small business concerns;
(2) The anticipated award price of the contract, including options, will not exceed-
(i) $6.5 million for a requirement within the NAICS codes for manufacturing; or
(ii) $4 million for a requirement within any other NAICS code;
(3) The requirement is not currently being performed by an 8(a) participant under the provisions of subpart 19.8 or has been accepted as a requirement by SBA under subpart 19.8;
(4) The service-disabled veteran-owned small business concern has been determined to be a responsible contractor with respect to performance; and
(5) Award can be made at a fair and reasonable price.
(b) The SBA has the right to appeal the contracting officer’s decision not to make a service-disabled veteran-owned small business sole source award.
These are all unique issues that can come up after being SDVOSB certified. Our attorneys are here to help.
SDVOSB Fraud Problems
Service Disabled Veteran government contractors are under strict scrutiny from federal contracting agencies and federal law enforcement. SDVOSB fraud cases are increasing and small businesses find themselves unable to defend themselves because defense lawyers may not quite understand the underlying principles and rules related to being SDVOSB certified.
At Watson & Associates, LLC, our federal procurement lawyers frequently consult with small businesses about allegations of procurement fraud and false claims allegations. We understand the underlying legal principles of government small business contract laws.
Nationwide Help With Veteran Owned Business Certification / SDVOSB Certification Process
Our SDVOSB lawyers offer general counsel for federal VA small business contractors seeking to meet the SDVOSB requirements and help with federal government contracts in all states regarding legal and non-legal matters about the SDVOSB certification process.
Our government contract consultants and veteran owned business certification lawyers help with SDVOSB certification application disputes 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.
Call Our SDVOSB Certification Application Lawyers
If you need legal advice about how to get SDVOSB certification, joint venture arrangements, SDVOSB sole source and set aside disputes, general counsel, joint ventures or service disabled veteran owned small business application consulting services, call our government small business contract lawyers at 1-866-601-5518.