Watson & Associates, LLC 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. Given the push for more disabled veteran government contracts, many companies find themselves at odds because of the complex rules and regulations.

SDVOSB Certification Lawyers

The law firm offers experienced procurement attorneys that have worked for government agencies and understand the procurement process.

Our goal is to help companies to reduce stress, minimize the adverse actions from the government, aggressively defend any allegations or charges for fraud under the SDVOSB contracting program.

We work with many veteran-owned business firms in the country that are doing business with the federal government and who need consulting on topics related to VA contracts for disabled veterans. 

Nationwide SDVOSB Attorney Services

Watson & Associates, LLC SDVOSB lawyers and 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 SDVOSB lawyer about bid protests, claims, fraud investigations or appeals, call 1-866-601-5518 for a free initial consultation.

Section Lead AttorneysJo Spence  Cheryl Adams  Leanna Ajour 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 for set aside contracts and sole-source award to veteran small business 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 requirements are met before applying to the VA.

How Can You Represent Yourself as a Disabled Veteran Owned Business?

Self-certification is an option when you represent your small business as service-disabled. You can quickly update your socio-economic status in the government contractor profile of your business profile at SAM.gov.

However, the Department of Veterans Affairs (VA), which also awards several federal contracts, also has its own Veterans First Contracting Program. The rules and requirements may be different than the SBA self-certifying program. To become eligible for VA set-aside Veterans contracts, you would want to verify your small business at the Vets First Verification Program.

Recertification Requirements 13 CFR § 125.18

If your business represents itself and qualifies as an SDVOSB at the time of initial offer (or other formal response to a solicitation), which includes price, including a Multiple Award Contract, then the company is presumed to be an SDVOSB throughout of the life of the contract. However, lately the rules seems to suggest that for new task orders for a prime contract, the CO can request recertification when you have to submit a new proposal for the task order. At Watson & Associates, our government contract attorneys help clients to navigate through the SDVOSB recertification requirements.

Are you in control of your SDVOSB business?

One of the common issues that can arise in SDVOSB fraud cases and SDVOSB status protest is who is in control of the company. Business control in federal contracting has a unique meaning. As the qualifying member of the company, you must provide evidence that you have unconditional control and authority over the day-to-day operations. You do not want to be in control simply on paper.

How Can You Avoid Affiliation Under 13 CFR 125.18?

With regard to subcontracting under an SDVOSB award, effective December 30, 2019, the SBA amended its regulations – 13 CFR part 125,  and warning that if you are a prime contractor, you are no eligible for award “[w]here a subcontractor that is not similarly situated and performs primary and vital requirements of a set-aside or sole-source service contract or order, or if the prime contractor is unduly reliant on a small business that is not similarly situated to perform the set-aside or sole source service contract or order.” 13 CFR 125.18(f). to Avoid affiliation, you must make sure that you do not violate any of these rules. This is but one area where Watson’s Service Disabled Veteran Owned small business attorneys can help. See also, CVE Protest of Vet Reporting, LLC, SBA No. CVE-173-P (2020)

Construction & Service Disabled Veteran Owned Business Companies and Help with license disputes

 May 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 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.

Help With VA Service Disabled Veteran Owned Small Business Contracting

 VA government contracts can have some unique twists and turns. Whether you have a VA construction contract or service contract, Watson’s VA government contract attorney can help you to sift through the confusion. We can help with complex VA 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.

SDVOSB Joint Venture Arrangements

When two SDVOSB companies join together and pursue federal contracts, they should be proactive and anticipate challenges about joint venture arrangements. Many companies make serious mistakes because of 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 service disabled veteran owned small business joint venture regulations.

VA and Sole Source Government Contracts

At Watson & Associates, LLC our government contract attorneys and SDVOB government contracts consultants also help companies to navigate through the issues related to VA contracts and SDVOSB sole source awards. In many cases, bid protests against disabled veteran small business sole source awards will target agency actions and challenge whether the awardee meets the requirements. However, your company’s capability and unique qualifications may come into play when defending against a challenged award.  If you are  planning on becoming a certified service disabled veteran owned business keep in mind that under FAR 19.406 Sole source awards to Service Disabled Veteran Owned Business concerns.

 Nationwide SDVOSB Fraud Lawyers

Small companies performing federal government contracts may at some point be alleged as having committed procurement fraud, SDVOSB fraud 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 SDVOSB contracting.

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 fraud lawyers for immediate help.

Call Our SDVOSB Lawyers

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