Federal Government Contracts: New SBA Certification Program for Veteran-Owned Small Businesses

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Commercial Law
- event Date
Tuesday, February 28, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will guide counsel on navigating the Small Business Administration (SBA) certification program for Veteran-Owned Small Businesses (VOSBs) and Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) effective Jan. 1, 2023. The panel will review eligibility requirements, crucial certification procedures, and compliance obligations for entities and joint ventures. The panel will also offer certification best practices for receiving future set-aside or sole source federal government contracts.
Faculty

Mr. Overman has established himself as a leading government contracts practitioner. He has nearly two decades of experience advising companies in meeting the demanding and ever-changing regulatory environment of contracting with the federal government. Over the last decade, Mr. Overman has advised on more than 50 transactions involving the purchase or sale of a government contractor. He has particular experience in structuring transactions and corporate reorganizations to ensure compliance with the Anti-Assignment Act, as well as navigating the rules impacting the acquisition of small businesses. He also has significant experience in advising on issues that may arise during the sale of government contractors to foreign-owned businesses, including national security reviews under Exon-Florio by the Committee on Foreign Investment in the United States and foreign ownership, control or influence mitigation by the Defense Counterintelligence and Security Agency.

Ms. Estevez has broad government contracts experience and focuses her practice on advising companies ranging from innovative startups to large, established contractors on regulatory and contractual requirements for doing business with the U.S. government. Ms. Estevez has substantial experience with mergers and acquisitions and financings involving government contractors, including conducting due diligence, negotiating transactional documents, and assessing industrial security and foreign ownership, control and influence (FOCI) issues, as well as navigating post-transaction matters such as novations. She also regularly advises clients on compliance with the Federal Acquisition Regulation (FAR) and agency FAR supplements, intellectual property and data rights, small business programs, cybersecurity requirements, obtaining facility security clearances and FOCI mitigation, and Freedom of Information Act requests and responses. In addition, Ms. Estevez negotiates the terms of government contracts, subcontracts and teaming agreements.

Mr. Fish has over 25 years of professional experience balanced between law firm practice and serving as in-house counsel for government contractor organizations. His practice is now focused primarily in the areas of corporate, general business, and government contracts. Prior to joining the firm Mr. Fish was the General Counsel of PEC Solutions Inc. During his ten years with PEC (and its successor companies Nortel Government Solutions Inc. and Avaya Government Solutions Inc.), he gained substantial experience providing legal support for the company’s government contracting operations and providing legal counsel and guidance over a broad spectrum of legal issues. Mr. Fish is a frequent presenter on GovCon issues.
Description
The SBA's new certification program for veteran-owned businesses establishes a significant government-wide initiative and transfers previous control from the Department of Veterans Affairs (VA) to the SBA. The new program virtually eliminates, after a one-year transition period, self-certification for VOSBs and SDVOSBs except in the case of self-certifications for subcontracts and for goaling purposes.
Among other nuances, one important change under the SBA program for purposes of federal government contracts is that for a business to be certified as a VOSB or SDVOSB, the business can qualify if they are "small," including domestic and foreign affiliates, pursuant to any North American Industry Classification System (NAICS) code listed on the System for Award Management (SAM) profile. Prior guidance entirely focused on an entity's primary NAICS code. The second key change eliminates the requirement for a business to demonstrate "good character" to be VOSB or SDVOSB certified. The previous rule prevented certification due to incarceration or parole or probation status, even though not otherwise disqualified from contracting with the federal government.
Under the new SBA program, a certified VOSB or SDVOSB may enter into a joint venture agreement with one or more other small business concerns, or with an approved "mentor," for the purpose of submitting an offer for a VOSB or SDVOSB contract. The joint venture itself does not need to be a certified VOSB or SDVOSB. However, the managing partner must be SBA certified.
Listen as our authoritative panel reviews the recent SBA final rule and its certification requirements and implications for existing veteran-owned businesses competing for federal contracts. The panel will also offer practitioners practical advice about how to guide VOSB or SDVOSB government contractors to strategically prepare for this new regime for the certification of veteran-owned businesses.
Outline
- New SBA certification program for VOSBs and SDVOSBs
- Definitions
- Eligibility requirements
- Recent changes and key compliance issues
- Joint venture considerations
- Advising existing VOSB and SDVOSB contractors on how to prepare for the impact of the new regime
Benefits
The panel will review these and other important issues:
- What are the new SBA certification program requirements and what entities are covered?
- How does a business qualify as a VOSB, SDVOSB, or VOSB/SDVOSB joint venture for federal government contracts?
- What present and future strategies should counsel offer clients to ensure they are prepared for this significant shift in the regime for the certification of veteran-owned businesses?
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