PilieroMazza successfully defended our client’s service disabled veteran owned small business (SDVOSB) status in a SDVOSB and size status protest before the U.S. Small Business Administration (SBA). The U.S. Army awarded our client a construction contract under a SDVOSB set-aside procurement. A competitor protested our client’s size and SDVOSB status on the assumption that our client was unduly reliant on its proposed subcontract, in violation of the ostensible subcontractor rule. First, we successfully defended our client’s small business status. The protester then tried to use ostensible subcontractor arguments to assert that the service-disabled veteran did not control the company as required for SDVOSB eligibility. We successfully argued that the ostensible subcontractor rule does not apply in assessing veteran control of an SDVOSB, which contributed to SBA’s ruling that our client satisfied the veteran-control requirements for SDVOSB eligibility. SBA’s Office of Hearings and Appeals then confirmed SBA’s ruling on appeal.

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