SDVOSB Small Business Size Protest, SBA Size Standards & SBA Size Protest LawyersWatson & Associates, LLC, with law offices in Denver, Colorado and Washington, DC, is a veteran-owned small business with attorneys that understand the various issues that small businesses face in the Service Disabled Veteran Owned Small Business (SDVOSB Certification) procurement marketplace.

When business owners become certified, they are several legal issues that can complicate business operations. Whether disputes arise due to small business compliance, procurement fraud investigations, or SDVOSB status bid protests, having attorneys that understand the substantive issues can make a huge difference.

As government small business lawyers, our goal is to help companies to reduce stress, minimize adverse actions from the government, and aggressively defend any allegations or charges of fraud under the SDVOSB contracting program.

Nationwide Government Contract Small Business Services

Watson & Associates, LLC SDVOSB lawyers and government contracting small business attorneys 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:

To speak with an experienced small business attorney about bid protests, claims, SDVOSB fraud investigations or appeals, call 1-866-601-5518 for a free initial consultation.

Section Lead Attorneys and SDVOSB ConsultantsJo Spence  Cheryl Adams and Theodore Watson

SDVOSB Certification Requirements

 In order to be eligible for VA contracts for service-disabled veterans, you and your business must meet the following SDVOSB certification requirements for set aside contracts and sole source awards to veteran owned disabled small businesses.

  • The veteran-owned business must have a service-connected disability that has been determined by the Department of Veterans Affairs (VA). 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 qualifying applicant (s) must hold the highest officer position

If you are applying for federal service-disabled veteran owned small business SDVOSB certification status or Veterans First Contracting Program for the sole purpose of getting federal government contracts, you must make sure that all regulatory SDVOSB certification requirements are met before applying to the VA.

Help for Service Disabled Veteran Owned Business Disputes

SDVOSB Status & Construction Companies with Licensing Disputes

 Many bid protest cases challenge the company by claiming that the majority partner does not have a state license and does not control the company. These are areas that our small business attorneys can help with.

You must show that you can bind the business, make the final decision on critical day-to-day matters, and have ultimate decision-making power. Anything short of ultimate control can end up with criminal investigations, intrusive accounting, and oversight by the VA IG team. When your small business size status is challenged, then the SBA may commence an investigation. These are all areas where our SDVOSB lawyers can help.

VA SDVSOB Small Business Contracting

 VA government contracts and SDVOSB set aside procurement can have some unique twists and turns. Whether you have a VA construction contract or service contract, Watson’s VA government contract small business attorney can help you to sift through the confusion.  As your SDVOB consultants, we can help with complex service disabled veteran owned small business government contract claims, veteran owned business designation litigation disputes and appeals to the Civilian Board of Contract Appeals and Court of Federal Claims regarding the Vets First Verification Program.

Additional Information

48 CFR 819.7003(c)(4) provides that “[a] joint venture may be considered an SDVOSB or VOSB concern if…[t]he joint venture meets the requirements of 13 CFR 125.15(b), modified to include veteran-owned small businesses where this CFR section refers to SDVOSB concerns.”

  • As an SBSOVSB joint venture, the parties must form a separate legal entity. See 13 CFR 125.18(b)(2)(iii)
  • A joint venture under this program may either be an SDVOSB or VOSB.
  • In every veteran joint venture, at least one of the joint venture members must be a verified in accordance with 38 CFR 74.
  • A joint venture may be in the form of a partnership that operates under a partnership agreement that satisfies the requirements of 13 CFR § 125.18(b)(2).
  • A joint venture must be separately verified as either an SDVOSB or VOSB.
  • All partners to the joint venture must qualify as a Small Business Concern per the SBA guidelines except if the joint venture is an SBA-approved Mentor- Protégé
  • CVE will consider verification eligibility of joint ventures comprised of an SDVOSB/VOSB protégé and an other- than-small mentor under an SBA- approved mentor-protégé agreement.

13 CFR 125.6 SDVOSB Subcontracting Rules

Small business in the SDVOSB Program are subject to the prime contractor’s limitations on subcontracting. These rules are governed by 13 CFR 125.6 which states:

(a) General. In order to be awarded a full or partial small business set-aside contract with a value greater than the simplified acquisition threshold (as defined in the FAR at 48 CFR 2.101), an 8(a) contract, an SDVO SBC contract, a HUBZone contract, or a WOSB or EDWOSB contract pursuant to part 127 of this chapter, a small business concern must agree that:

(1) In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not similarly situated. Any work that a similarly situated subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service, such as airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code (562910), cloud computing services, or mass media purchases. In addition, work performed overseas on awards made pursuant to the Foreign Assistance Act of 1961 or work required to be performed by a local contractor, is excluded.

(2)

(i) In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not similarly situated. Any work that a similarly situated subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in § 121.406(b)(5) of this chapter is granted.

(A) For a multiple item procurement where a waiver as described in § 121.406(b)(5) of this chapter has not been granted for one or more items, more than 50% of the value of the products to be supplied by the nonmanufacturer must be the products of one or more domestic small business manufacturers or processors.

(B) For a multiple item procurement where a waiver as described in § 121.406(b)(5) of this chapter is granted for one or more items, compliance with the limitation on subcontracting requirement will be determined by combining the value of the items supplied by domestic small business manufacturers or processors with the value of the items subject to a waiver. As such, as long as the value of the items to be supplied by domestic small business manufacturers or processors plus the value of the items to be supplied that are subject to a waiver account for at least 50% of the value of the contract, the limitations on subcontracting requirement is met.

(C) For a multiple item procurement, the same small business concern may act as both a manufacturer and a nonmanufacturer.

 Nationwide SDVOSB Fraud Lawyers

Small companies performing Service Disabled Veteran Owned Small Business set aside contracts may at some point be alleged as having committed procurement fraud, SDVOSB fraud, False Claims Act violations, or some other criminal acts against the United States. At Watson & Associates, LLC our government small business defense attorneys can represent contractors charged with or investigated for government contract fraud, false claims against the government, violating the limitations on subcontracting rules or some other criminal charge involved with government contracting.

  • Federal law enforcement (IG, SBA, DOJ and FBI) are aggressively seeking out small businesses for government contract SDVOSB fraud. Our attorneys can help.
  • Although your company may be suspected for procurement fraud, you will also need help dealing with alleged SBA size standard violations.

If your company is subjected to a government investigation or facing criminal liability for SDVOSB fraud, false claims, or other violations, reach out to our government contractor defense lawyers for immediate help.

Call Our SDVOSB Small Business Lawyers and Consultants

If you need legal advice about VA contracts for disabled veterans,  how to get certified, service disabled veteran owned small business joint venture arrangements, VOSB sole-source contracts or government contract fraud and set aside disputes, call our SDVOSB consultants and government small business contract SDVOSB lawyers at 1-866-601-5518.