SDVSOB Certification Counsel When You are Applying for SDVOSB Status or If You are Subjected to An Investigation for SDVOSB Fraud.
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The Service Disabled Veteran Owned Small Business Certification Program (SDVOSB Certification) is steadily making its mark in government contracting.
However, small businesses sometimes are not aware of the various veteran government contracting rules that apply to set-asides when they submit offers, bid protests and the many nuances that apply to the SDVOSB certification process.
The government contract law attorneys at Watson & Associates, LLC often serve as general counsel for veterans and service disabled government contractors and help them to overcome the common hurdles associated with the program.
Whether there are disputes with the unique VA qualifying regulations, SDVOSB set-asides, sole source decisions or other disputes, our SDVOSB lawyers provide legal advice and litigation services to clients across the country.
SDVOSB Certification Services
As a verteran-owned small business law firm, Watson & Associates, LLC serves as general counsel for SDVOSB contract clients across the United States by helping them to avoid frequent and costly mistakes made during the contract performance stage and during litigation. Our government contract legal services include:
- Help with certification disputes
- SDVOSB applications
- Teaming agreements
- SDVOSB Joint venture agreements,
- Bid protests,
- Size protests and determinations
- Contract claims
- NAICS Appeals to OHA
- Limitations of subcontracting and relationships with large businesses
- Litigation and appeals about federal contracting veterans benefits
- Small business development assistance
- VA sole source acquisition and set aside and status disputes
- SDVOSB Joint venture relationships and how to get veteran owned small business certification
- Consulting services
To speak with an experienced Small Business government contract lawyer about how to get SDVOSB certification, call 1-866-601-5518 for a free initial consultation.
SDVOSB Certification Requirements
In order to be eligible for the Service Disabled Veteran Owned Business Certification Program, you and your business must meet the following requirements for set asides and sole source awards.
- 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 SDV must unconditionally own 51% of the company
- The qualifying member must control the management and daily operations
- The SDV must hold the highest officer position
WHAT IS CONSIDERED A SERVICE-CONNECTED DISABILITY?
The meaning of service-disabled veteran is discussed in U.S.C. 101 section (2) and (16), the Department of Veterans Affairs, United States Code. If you are claiming veteran status, then you must be able to prove your active duty service with the US Navy, the US Air Force etc plus proof that you obtained a discharge under other than dishonorable conditions.
According to Business Defense’s Website, and for government veteran contracts eligibility, “service-connected” means, with respect to disability or death, that the claimed disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in line of duty in the active military, naval, or air service.
If you are applying for Service Disabled Veteran Owned Small Business SDVOSB status for the sole purpose of getting federal government contracts, you must make sure that all eligibility requirements are met before applying the VA.
WHAT IS A SERVICES DISABLED VETERAN?
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. 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. …
Basic SDVOSB certification requirements for both of the Service Disabled Veteran Owned Small Business programs are set by the US Small Business Administration (SBA) in the Code of Federal Regulations (CFR) 13 CFR 25.11-125.16.
Service Disabled Veteran Owned Business Control Disputes
Must be controlled by veterans
There are certain SDVOSB certification requirements that address control of the Small Business 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 veteran 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.
THREE EASILY AVOIDABLE TRAPS:
THE “PART-TIMER” TRAP:
This occurs where the Veteran is not working full time for the company and is frowned upon because of the importance of the Veteran’s presence and active involvement in the company.
THE “NOT IN CONTROL OF KEY CORPORATE DECISIONS” TRAP:
The Veteran not only must be actively involved, but the veteran must also be in the captain’s chair for making certain key corporate decisions – this can include hiring and firing employees, entering into loan agreements, and having final say on proposals and solicitations.
THE “SLOPPY SELF-CERTIFICATION” TRAP:
The Veteran made mistakes with the self-certification process (non-VA programs). The Veteran cannot be in a position where someone else can override, or must approve certain kinds of corporate decisions. It is great to be able to self-certify, but that can lead to the false impression that there is no need to worry about the details when submitting the self-certification data.
How to Self-Certify with the Department of Defense as a Service-Disabled Veteran-Owned Small Business Concern (SDVO SBC):
The Veterans Benefits Act of 2003 that established restricted contracting in Federal procurement for Service Disabled Veteran Owned Business Certification (SDVO SBC) did not require a formal process to certify concerns as SDVO SBC. A self-represents its status for all Federal contracts.
In order to place an offer on a Federal contract, the SBC must be registered in the Government’s Central Contractor Registration (CCR). Once the SBC is registered in CCR, and an offer is submitted on a Federal Contract, the company will need to fill out an “On-Line Representations and Certifications Application.” To get more information about those databases and to register online, go to the Government’s Business Partner Network (BPN) at http://www.bpn.gov/.” See also Source: https://business.defense.gov/Small-Business/SDVOSB/
Nationwide Help With Veteran Owned Business Certification & SDVSOB Applications
Our SDVOSB lawyers offer general counsel for federal VA small business contractors seeking to meet the certification requirements and help with federal disabled veteran government contracts in all states regarding legal and non-legal matters about the certification process.
We help with service disabled veteran owned business certification and 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 Service Disabled Veteran Owned Business Certification Consultants and Lawyers
If you need legal advice about how to get SDVOSB certification, general counsel, joint ventures or service disabled veteran owned business consulting services for veteran owned businesses, call our government small business contract lawyers at 1-866-601-5518.