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

Recent Developments for the VA’s Veterans First Program

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 . . . Read More

FY 2013 National Defense Authorization Act: Impacts on Small Business Government Contracting

On January 3, 2012, the U.S. Congress passed the National Defense Authorization Act for Fiscal Year 2013 (“NDAA”). While the NDAA covers many issues relevant to the government contracting community at large, it also includes new, noteworthy amendments to the Small Business Act. The 2013 NDAA provides some significant changes to small business government contracting. Most importantly, the rule governing limitations on subcontracting has been revised. The new rule implements two substantive changes. First, for services contracts, the new limitation . . . Read More