A surviving spouse, who is not a Service-Disabled Veteran, must satisfy specific criteria in order to continue running a company as though it remained a Service-Disabled Veteran-Owned Small Business (“SDVOSB”). This right is not automatic, and failure to meet the eligibility criteria will prevent a surviving spouse from being able to run the decedent’s company as a SDVOSB.
It is important to consider that there are two separate SDVOSB set-aside programs. The older program, the Service-Disabled Veteran-Owned Small Business Concern Procurement Program, is administered by the U.S. Small Business Administration (“SBA”) and is a self-certification program. The newer program, the Vets First Contracting Program, is administered by the U.S. Department of Veterans Affairs (“VA”) and requires verification by the VA’s Center for Verification and Evaluation (“CVE”).
Notably, even after obtaining CVE verification, a SDVOSB cannot rely on that certification for all government procurements because the two programs are currently regulated differently. Historically, the SBA’s program is regulated by Title 13 of the Code of Federal Regulations, while the VA’s program is regulated by Title 38 of the Code of Federal Regulations.
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