New SBA Rule Imposes Stricter Standards Affecting Size and Status Representations

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. The new rule, while softened from the proposed rule, implements a strict standard with wide-ranging consequences for contractors representing their size or status under the System for Award Management (“SAM”) database or submitting a proposal under a solicitation reserved or intended for small businesses or businesses participating . . . Read More

VA Seeks Comments on How to Improve its SDVOSB Regulations

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 . . . Read More

COFC Rejects VA’s Interpretation of Unconditional Ownership for SDVOSBs

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 . . . Read More