Legal Blog

Lack of VetBiz registration insufficient for SDVOSB Status protest

Posted by Joseph Whitcomb on Dec 28, 2013 9:22:43 AM

SDVOSB Status Protest Case Study: Matter of MJL enterprises

Many of my clients express worry about an SBA SDVOSB status protest in the event they are awarded a contract before their CVE certification is complete. This recent ruling from the SBA OHA sheds some light on that issue.

Read More

Topics: Bid Protests, Government Procurement, sdvosb, Bid Protest attorney, bid protest lawyer, CVE certification, CVE denial, CVE status denial, government contracting, government contracts attorney, SBA protests, SDVOSB, SDVOSB attorney, sdvosb certification, SDVOSB challenge, SDVOSB status, SDVOSB status denial, SDVOSB Status protest, service disabled veteran owned business, CVE-Center for Verification and Eligibility, veteran control, veteran owned business, veteran owner control

Can Your SDVOSB Status Survive Death?

Posted by Joseph Whitcomb on Dec 11, 2013 9:53:25 PM

The US Court of Federal Claims Rules that SDVOSB Status Can Survive Veteran Owner's Death

On November 26, 2013, the US Court of Federal Claims heard an appeal from a the son of a veteran business owner after a contracting officer working for the defendant, the United States Environmental Protection Agency, issued a "determination of non-responsibility," proposed a debarment, and finally canceled the solicitation. [button link="http://www.uscfc.uscourts.gov/sites/default/files/BRADEN.NEIE120613.pdf" style="download" color="red" bg_color="red" border="black" window="yes"]Down Load this Case[/button]

Read More

Topics: Bid Protests, Appellate Law, Debarment, Government Procurement, sdvosb, Bid Protest attorney, bid protest attorneys, bid protest lawyer, contract cancellation, CVE certification, CVE denial, CVE status denial, Debarment, finding of non-responsibility, SBA protests, SDVOSB, SDVOSB attorney, SDVOSB bid-protest, sdvosb certification, SDVOSB challenge, SDVOSB lawyer, SDVOSB status, service disabled veteran owned business, service disabled veteran owned small business, CVE-Center for Verification and Eligibility, veteran control, veteran owned business, veteran owner control, veteran owner dies

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).

Read More

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

SDVOSB status denial--Quorum Language

Posted by Joseph Whitcomb on Dec 4, 2013 11:16:09 AM

Was Your SDVOSB Status Denial Due to Quorum Language in Your Bylaws?

According to the Center for Verification and Eligibility (CVE) website, the number one reason for SDVOSB status denial is quorum language in a company's bylaws that gives passive control to non-veteran board members.  This is a function, in this author's opinion, of a misreading of the law.  SDVOSB status denial letters will often cite 38 CFR 74.4(f)(2) for the proposition that quorum language in a company's bylaws cannot allow for passive control by not Veteran board members.  However, the CVE's reasoning is legally flawed, because 38 CFR § 74.4(f)(1)(ii) states:

Read More

Topics: Government Procurement, sdvosb, CVE denial, CVE status denial, SBA protests, SDVOSB attorney, sdvosb certification, SDVOSB status, SDVOSB status denial, service disabled veteran owned business, service disabled veteran owned small business, CVE-Center for Verification and Eligibility, veteran control, veteran owned business, veteran owner control

More Info

(866)476-4558

  • Health Care Law
  • international business transactions
  • Trademark Law

Subscribe to Our Mailing List

Posts by Topic

see all