Legal Blog

SDVOSB-Does the Veteran owner have control?

Posted by Joseph Whitcomb on Jan 25, 2014 1:32:32 PM

Does the veteran owner have control of the SDVOSB?

In the Matter of: Battalion, LLC, Appellant

This case arose from a Dept. of the Air Force SDVOSB set aside. The SBA's OHA decided this case pursuant to the Small Business Act of 1958. The bid protest arose when an unsuccessful offeror, Douglas P Fleming, LLC, filed a protest challenging appellant's size and status as an SDVOSB. Fleming alleged in part that the appellant's majority owner, Mr. Jason Harris, was a full-time employee of Sota Construction Services, Inc., a firm controlled by appellant's minority owner, Mr. Earnest Sota.

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Topics: Bid Protests, Government Procurement, sdvosb, bid protest attorneys, bid protest lawyer, CVE certification, CVE denial, SDVOSB, SDVOSB attorney, SDVOSB bid-protest, sdvosb certification, SDVOSB challenge, SDVOSB denial, SDVOSB Status protest, 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

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.

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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

Denied for Inclusion in Vetbiz database-Request for Reconsideration

Posted by Joseph Whitcomb on Nov 25, 2013 11:35:12 PM

Were you denied inclusion in the Vetbiz Database? Try a "Request for reconsideration"

38 CFR 74.13 asks "Can an applicant ask CVE [Center for Verification and Eligibility] to reconsider its initial decision to deny an application?" The answer is yes.  If CVE denies your firm's inclusion in the Vetbiz database, submitting "request for reconsideration" to the director of the  Center for Verification and Evaluation is the next step.  Many times the reasons for your firm was denied inclusion in the Vetbiz database may not  make sense.  You have operated in good faith and gone to great pains to make sure your company satisfies the CVE's posted requirements.  However, quorum language in your bylaws or the fact that you live in a community property state and are married can lead to your applications denial.  Many people have argued in vain that the application process is unnecessarily complicated and does more to hurt deserving veterans than prevent fraudulent certifications, but for now, this is the system we are stuck with.

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Topics: Bid Protests, Government Procurement, sdvosb, CVE certification, CVE denial, SDVOSB attorney, sdvosb certification, SDVOSB denial, SDVOSB lawyer, SDVOSB status, SDVOSB status denial, SDVOSB Status protest, 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

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