New SBA Rule Imposes Stricter Standards Affecting Size and Status Representations

July 2, 2013
Last Friday, the U.S. Small Business Administration ("SBA") issued the long-awaited final rule implementing provisions of the Small Business Jobs Act of 2010 ("Jobs Act") pertaining to small business size and status integrity.

VA Seeks Comments on How to Improve its SDVOSB Regulations

May 23, 2013
On May 13, 2013, the U.S. Department of Veterans Affairs (“VA”), Office of Small and Disadvantaged Business Utilization, issued an Advanced Notice of Proposed Rulemaking, seeking comments on how to improve the regulations governing the VA’s Verification Program for SDVOSBs and VOSBs. See 78 Fed. Reg. 27882 (May 13, 2013). The VA is planning to amend its regulations to provide greater clarity, to streamline the verification program, and to encourage more veteran-owned firms to participate in the program. As an initial step in this process, the VA is seeking comments by July 12, 2013, on how to best change its rules.

SBA Issues Amendment to WOSB Regulations Lifting Limitation on Dollar Amounts

May 9, 2013
On May 7, 2013, the U.S. Small Business Administration (“SBA”) issued an amendment to its women-owned small business (“WOSB”) federal contract program regulations which lifted the limitation on the dollar amount of a contract that can be set aside for WOSBs. See 78 Fed. Reg. 26504 (May 7, 2013). This amendment takes immediate effect.

COFC Rejects VA's Interpretation of Unconditional Ownership for SDVOSBs

February 15, 2013
In our February 6, 2013 Client Alert regarding new developments for service-disabled veteran-owned small businesses ("SDVOSBs"), we discussed the U.S. Court of Federal Claims' ("COFC") decision in KWV, Inc. v. United States and the U.S. Government Accountability Office's recent report on the Department of Veterans Affairs' verification process for SDVOSBs. Yesterday, the COFC issued another ruling that impacts the issues discussed in our February 6th Client Alert and that ruling will have important ramifications for veteran ownership in SDVOSBs. This decision involved a firm that had been verified as an SDVOSB by the VA's Center for Veterans Enterprise only to have that decision contradicted a few months later by the VA's Office of Small and Disadvantaged Business Utilization in response to a post-award protest.

Recent Developments for the VA's Veterans First Program

February 6, 2013
This Client Alert details two recent developments for the U.S. Department of Veterans Affairs’ Veterans First Program. Last month, the Government Accountability Office released a report detailing its examination of the VA’s verification process for VOSBs and SDVOSBs. A few weeks later, the U.S. Court of Federal Claims issued its decision in KWV, Inc. v. United States, a case that dealt with a conflict between the VA’s verification process and a post-award VOSB protest determination, as well as a veteran’s ability to control his firm from a remote location.
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