Georgia Tech Procurement Assistance Center

  • Home
  • About Us
  • Training
    • Class Registration
    • On-demand Training
    • GTPAC COVID-19 Resource Page
    • Cybersecurity
    • Veterans Verification Video
    • GTPAC Community
    • Other Training Audio & Video
  • Useful Links
  • Team Directory
    • Albany Counselor
    • Athens Counselor
    • Atlanta Counselors
    • Augusta Counselor
    • Carrollton Counselor
    • Columbus Counselor
    • Gainesville Counselor
    • Savannah Counselor
    • Warner Robins Counselor
  • Directions
    • Athens
    • Atlanta – Training Facility
    • Atlanta – Office
    • Albany
    • Augusta
    • Carrollton
    • Columbus
    • Gainesville
    • Savannah
    • Warner Robins
  • COVID-19
  • New Client Application
  • Contact Us

VA must pay attorneys’ fees in SDVOSB ownership transfer case

December 5, 2013 By ei2admin

The U.S. Court of Federal Claims has ordered the VA to pay attorneys’ fees to Miles Construction, LLC stemming from the Court’s February decision that the company’s  ”right of first refusal” provision did not render it ineligible for the VA’s SDVOSB program.

In ordering the VA to pay attorneys’ fees, the Court held that the VA’s defense of its broad interpretation of “unconditional ownership” was not substantially justified–but also suggested that the Court might not reach the same result under the SBA’s SDVOSB rules.

The Court’s decision in Miles Construction, LLC v. United States, No. 12-597C (2013) involved Miles Construction’s request for reimbursement of its attorneys’ fees under the Equal Access to Justice Act.   Under EAJA, a qualifying small business may recover its attorneys’ fees for prevailing in litigation against the government, but only if  the government’s litigation position was not “substantially justified.”

Opposing the request for attorneys’ fees, the VA argued, in part, that it had been “substantially justified” in taking the position that the SDVOSB program’s “unconditional ownership” requirement prohibited right-of-first-refusal provisions.  The VA primarily relied upon SBA Office of Hearings and Appeals decisions holding that right-of-first-refusal provisions defeat “unconditional ownership” under the SBA’s SDVOSB regulations.

Keep reading this article at: http://smallgovcon.com/service-disabled-veteran-owned-small-businesses/sdvosb-program-va-must-pay-attorneys-fees-in-ownership-transfer-case/ 

Filed Under: Contracting Tips Tagged With: certification, Court of Federal Claims, SBA, SDVOSB, VA, verification, veteran owned business, VOSB

Recent Posts

  • DLA hosting event March 10th with special emphasis on Women-Owned Small Businesses
  • Navy Office of Small Business Programs holding three events in March
  • SBA hosting conversations with contracting officers forum Feb. 25th
  • Final rule, formal training on CMMC could hit this summer
  • Non-compete clauses in government contracting: a case study in enforceability

Popular Topics

8(a) abuse Army bid protest budget budget cuts certification construction contract awards contracting opportunities cybersecurity DoD DOJ False Claims Act FAR federal contracting federal contracts fraud GAO Georgia Tech government contracting government contract training government trends GSA GSA Schedule GTPAC HUBZone innovation IT Justice Dept. marketing NDAA OMB SBA SDVOSB set-aside small business small business goals spending subcontracting technology VA veteran owned business VOSB wosb

Contracting News

Final rule, formal training on CMMC could hit this summer

COFC: “Rule of two” must be analyzed before “any” acquisition

DOD’s cybersecurity certification requirements to appear in DHS contracts

Congressional Research Service publishes updated report on SBA’s 8(a) program

Congressional Research Service publishes new report on SBA’s HUBZone program

Read More

Contracting Tips

Non-compete clauses in government contracting: a case study in enforceability

NDAA for fiscal year 2021 includes numerous provisions impacting government contractors

Beware of the automated email response

Complying with the government’s restrictions on foreign telecommunications equipment

Construction claims in the COVID era: lessons learned and best practices

Read More

GTPAC News

DLA hosting event March 10th with special emphasis on Women-Owned Small Businesses

Navy Office of Small Business Programs holding three events in March

SBA hosting conversations with contracting officers forum Feb. 25th

USACE seeks vaccination center construction support

GTPAC updates cybersecurity resource page to include CMMC guidance

Read More

Georgia Tech News

Collective worm and robot “blobs” protect individuals, swarm together

The Partnership for Inclusive Innovation is now accepting applications for pilot programs

Georgia Tech will help manage DOE’s Savannah River National Laboratory

Dr. Abdallah testifies on U.S. competitiveness, research, STEM pipeline at Congressional hearing

Georgia Tech’s Technology Square Phase III to include George Tower

Read More

  • SAM.gov registration is free, and help with SAM is free, too
APTAC RSS Twitter GTPAC - 30th Year of Service

Copyright © 2021 · Georgia Tech - Enterprise Innovation Institute