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CVE SDVOSB denial--Challenging in federal court

Posted by Joseph Whitcomb on Dec 4, 2013 11:01:10 PM

 Challenging a CVE SDVOSB denial in pre-award contest

In KWV, Inc. v. United States, a disappointed bidder filed a pre-award bid protest of the CVE's denial  of  their SDVOSB status.  In that case,  the US Court of Federal Claims found the CVE’s reliance on the Veteran applicant’s residency alone was “arbitrary and capricious” and not in accordance with VA’s regulations.  KWV, Inc. v. United States, 111 Fed. Cl. 119, 127 (Fed. Cl. 2013).  In deciding in the Veteran’s favor, the Court indicated that  “there [was] nothing in the administrative record to suggest that [the Veteran] was not exercising sufficient control over [the company]” and “the government has not provided a coherent and reasonable explanation of its exercise of discretion…nor articulated a rational connection between the facts found and the choice made”  Id., see also Impresa Construzioni Geom. Domenico Garufi, 238 F.3d at 1333 (quoting Latecoere Int'l, Inc. v. United States Dep't of the Navy, 19 F.3d 1342, 1356 (11th Cir. 1994)); Motor Vehicle Mfrs. Ass'n v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 43, 103 S.Ct. 2856, 77 L.Ed.2d 443 (1983) (quoting Burlington Truck Lines v. United States, 371 U.S. 156, 168, 83 S.Ct. 239, 9 L.Ed.2d 207 (1962))(internal quotations removed).

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Topics: Bid Protests, Appellate Law, sdvosb, Bid Protest attorney, CVE sdvosb denial, CVE status denial, GAO bid protest, SBA protests, SDVOSB, SDVOSB attorney, sdvosb certification, SDVOSB challenge, SDVOSB lawyer, SDVOSB status, service disabled veteran owned business, CVE-Center for Verification and Eligibility, veteran control, veteran owned business, veteran owner control

CVE Verification: Center for Verification and Evaluation has "Control" Issues

Posted by Joseph Whitcomb on Nov 11, 2013 9:09:43 PM

CVE Verification

Quorum Language

Regarding CVE verification, 38 CFR 74.3 (b) states:
(b) Ownership must be unconditional. Ownership by one or more veterans or service-disabled veterans must be unconditional ownership. Ownership must not be subject to conditions precedent, conditions subsequent, executory agreements, voting trusts, restrictions on assignments of voting rights, or other arrangements causing or potentially causing ownership benefits to go to another (other than after death or incapacity). The pledge or encumbrance of stock or other ownership interest as collateral, including seller-financed transactions, does not affect the unconditional nature of ownership if the terms follow normal commercial practices and the owner retains control absent violations of the terms. In particular, CVE will evaluate ownership according to the following criteria for specific types of small business concerns. http://www.va.gov/osdbu/docs/38CFR74.pdf

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Topics: SBA Bid Protest, Government Procurement, CVE verification, sdvosb, CVE sdvosb denial, government contracts attorney, SDVOSB, SDVOSB attorney, SDVOSB lawyer, SDVOSB status, SDVOSB status denial, service disabled veteran owned small business, CVE-Center for Verification and Eligibility, veteran control, veteran owned business, veteran owner control

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