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Feb 16 2018    Next issue: Mar 2 2018

SBA proposes vet-owned rule

      As ordered by Congress, the Small Business Administration is taking the lead role in creating a single governmentwide definition of ownership and control for veterans and service-disabled veterans owning a small business federal contractor.

      The SBA issued a proposed rule on Jan. 29 outlining the government’s new regulatory structure for overseeing the eligibility of veteran-owned small businesses (VOSBs) and service-dIsabled veteran-owned small businesses (SDVOSBs) for federal set-aside contracts. Comments are due by March 30.

      Under the proposed rule, the SBA is writing the terms under which a company may be considered a VOSB or SDVOSB eligible for federal set-asides.

      The SBA’s definition will apply to self-certification of veteran-owned firms for nearly all federal agencies--but not for the Veterans Affairs Dept. SBA’s Office of Hearings and Appeals will oversee protests of eligibility.

      The VA will continue to verify who is a veteran or a service-disabled veteran, and will verify eligibility for set-asides under its Veterans First contracting program utilizing the SBA definitions and terms.

      Previously, the VA had its own rules for veteran ownership and control, while the SBA maintained another set of rules for self-certified veteran-owned firms. In the National Defense Authorization Act for Fiscal 2017, Congress decided it would be less confusing and less burdensome to have a single set of definitions and terms. The SBA said it borrowed some ideas from the 8(a) Business Development program, and consulted with VA officials, in developing the proposed rule.

      The SBA’s proposed rule includes provisions to:

  • Define what is required for veteran ownership in general and limited partnerships;
  • Clarify requirements for dividends and distributions;
  • Allow surviving spouses to take over the SDVOSB;
  • Outline factors that SBA considers in deeming a firm ineligible. These factors can be rebutted with evidence.

    More information: Federal Register proposed rule: http://goo.gl/BiV1Hg

         

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