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VA’s CVE improperly disqualified SDVOSB, says federal court

November 24, 2014 By ei2admin

SDVOSBs—and basic fairness and common sense—were big winners in a recent decision issued by the U.S. Court of Federal Claims. In its decision, the Court held that the VA’s Center for Verification and Evaluation (CVE) violated the law when it disqualified a SDVOSB, without giving the SDVOSB the opportunity to contest the reasons for the disqualification. In a decision reminiscent of last year’s landmark Miles Construction case, the Court then held that the CVE’s substantive reasons for the disqualification were arbitrary and unreasonable.

In AmBuild Company, LLC v. United States, No. 14-786C (Oct. 10, 2014), AmBuild was the apparent lowest-cost bidder on a VA SDVOSB set-aside solicitation. The second-lowest bidder, Welch Construction Inc., filed a protest challenging AmBuild’s SDVOSB status. Welch contended that AmBuild was not controlled by a service-disabled veteran and that AmBuild exceeded the applicable size standard.

The U.S. Small Business Administration, which has jurisdiction over size issues, reviewed Welch’s small business allegation and determined it to be unfounded. The CVE proceeded to separately analyze Welch’s allegation regarding SDV control.

Keep reading this article at: http://smallgovcon.com/service-disabled-veteran-owned-small-businesses/va-cve-improperly-disqualified-sdvosb-says-federal-court/

Filed Under: Contracting News Tagged With: CVE, disqualified, SDVOSB, service disabled, VA, verification

Veteran-owned businesses must remove ‘large’ NAICS codes from VetBiz within 30 days

August 8, 2013 By ei2admin

The Department of Veterans Affairs’ Center for Veterans Enterprise (CVE) has instructed verified service-disabled veteran-owned small businesses (SDVOSBs) to remove so-called “large NAICS codes” from their VetBiz Vendor Information Pages profiles within 30 days – or else.

According to a recent email from the VA’s CVE, SDVOSBs must remove any NAICS codes for which they do not qualify as a small business.  Failing to remove these “large NAICS codes” may result in potentially harsh penalties, including debarment.

The CVE’s August 1, 2013 email states, in part:

Companies verified in the VetBiz VIP database generally list the NAICS Codes under which they are qualified to provide goods and services. The VetBiz VIP database is restricted to service-disabled Veteran-owned and Veteran-owned small businesses. If any verified company lists one or more NAICS Code(s) on its profile in which it is other than small, the Department of Veterans Affairs, Center for Veterans Enterprise (CVE), is requiring that those NAICS Codes be removed. If such NAICS Codes are not removed, CVE may request the SBA to conduct a formal Size Determination, and CVE may also initiate debarment and/or cancellation proceedings against the company.

After quoting a portion of the SBA’s Standard Operating Procedure for Size Determinations, the VA CVE states: “[t]o fulfill the small business concern requirement found in the regulations, CVE is requesting each company, verified in the VetBiz VIP database, to remove all NAICS Codes in its profile that are other than small within thirty (30) days.”

Keep reading this article at: http://smallgovcon.com/service-disabled-veteran-owned-small-businesses/va-cve-sdvosbs-must-remove-large-naics-codes-from-vetbiz-within-30-days

Filed Under: Contracting Tips Tagged With: CVE, DSBS, NAICS codes, SBA, SDVOSB, service disabled, VA, verification, veteran owned business, VOSB

Groups say veteran-owned contracting still broken

March 28, 2013 By ei2admin

Despite a history of complaints to Congress and the Department of Veterans Affairs, veterans advocacy groups say VA is still placing far too many hurdles in front of veteran-owned small businesses in its contracting program. VA, meanwhile, says it’s making changes.

VA’s programs for preferentially awarding contracts to veteran-owned small businesses are unlike those of any other agency in government. In a 2006 law, Congress told VA to take a “veterans first” approach to procurement, making service-disabled veteran-owned small businesses its first choice for any given contract and all other veteran-owned small businesses its second choice.

But to deter fraud, Congress also told VA to set up a system to verify contractors’ veteran status before they could get set-aside contracts. That set up a careful balancing act for the agency between detecting potential fraud and making the process as easy as possible for legitimate veteran-owned businesses.  And veterans groups are telling Congress VA has allowed that scale to fall way too far in one direction.

Keep reading this article at: http://www.federalnewsradio.com/65/3257550/Groups-say-veteran-owned-contracting-still-broken.

Filed Under: Contracting News Tagged With: certification, CVE, fraud, SDVOSB, set-aside, VA, veteran owned business

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