SDVOSB Small Business Size Protest, SBA Size Standards & SBA Size Protest LawyersWatson & 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 SDVOSB contracts, many companies find themselves at odds because of the complex rules and regulations. In other situations, small business companies find themselves defending against SDVOSB fraud allegations.

As SDVOSB attorneys, 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 contracts 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 Government Contract Small Business 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 attorney about bid protests, claims, SDVOSB fraud investigations or appeals, call 1-866-601-5518 for a free initial consultation.

Section Lead Attorneys and 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 SDVOSB 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.

Recertification of Your 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 qualified throughout the life of the contract. However, lately, the rules seem 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.

Help for Service Disabled Veteran Owned Business   Construction Companies with Licensing 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 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.

Help With VA Service Disabled Veteran Owned 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.

SDVOSB Joint Venture Arrangements

Under federal regulations a joint venture may be organized as a partnership or any other separate legal entity. Under the Veterans First Contracting Program, joint Ventures can be either a SDVOSB or VOSB. Under 38 CFR  74, one of the VOSB or SDVOSB joint venture partner must be verified and designated as the managing venturer.  In addition, an employee of the managing venturer must serve as the project manager (PM).

When two Service Disabled Veteran Owned Small Business 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.

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 a 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 a 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 SDVOSB joint ventures comprised of a SDVOSB/VOSB protégé and an other- than-small mentor under an SBA- approved mentor-protégé agreement.

SDVOSB Mentor Protege Program Attorneys

Under 13 CFR 125.9(d)(1) a mentor and  protégé can may joint venture as a small business for any federal prime contract or subcontract, so long a the protégé qualifies as small for the procurement under the respective NAICS Code. That joint venture may go after any type of small business contract (i.e., small business set-aside, 8(a), HUBZone, SDVOSB, or WOSB) for which the protégé firm qualifies (e.g., a protégé firm that qualifies as a WOSB could seek a WOSB set- aside as a joint venture with its SBA-approved mentor).”

Eligibility of VA Mentor Protege firms

Under the VA SDVOSB Mentor Protege Program , a qualified business entity approved as mentors may enter into agreements ( Mentor Protege Agreement with eligible small business proteges.  Approved mentors provide appropriate developmental assistance to enhance the capabilities of small business protégés to perform as contractors and/or subcontractors. 

Qualified small businesses that are capable of providing developmental assistance may be also be approved as mentors.  Protégés may participate in the program in pursuit of a prime contract or as subcontractors under the mentor’s prime contract with VA, but are not required to be a subcontractor to a VA prime contractor or be a VA prime contractor.

 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 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.

  • Federal law enforcement (IG, SBA, DOJ and FBI) are aggressively seeking out small businesses for government contract SDVOSB fraud. Our attorneys can help.
  • Although you 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 Lawyers and Federal Small Business 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.