The U.S. Small Business Administration (SBA) recently issued a direct final rule that eliminates self-certification for service-disabled veteran-owned small businesses (SDVOSBs). The SBA’s final rule — which implements a provision in the National Defense Authorization Act for Fiscal Year 2024 (NDAA 2024) — is effective August 5, 2024.
Background
- To be awarded an SDVOSB set-aside or sole source contract, firms must be certified by SBA through the Veteran Small Business Certification (VetCert) Program.
- Currently, firms that do not seek SDVOSB set-aside or sole source contracts but that meet the VetCert Program eligibility requirements may self-certify their SDVOSB status, receive prime contract or subcontract awards that are not SDVOSB set-aside or sole source contracts, and be counted toward an agency’s SDVOSB small business goals or a prime contractor’s subcontracting goal for SDVOSB awards.
- Section 864 of the NDAA 2024 amends the SDVOSB requirements so that, effective October 1, 2024, each prime contract award and subcontract award counted for the purpose of meeting the goals for participation by SDVOSBs in procurement contracts for federal agencies or federal prime contractors shall be entered into with firms certified by VetCert under Section 36 of the Small Business Act (15 U.S.C. 657f).
- Section 864 also creates a grace period so that firms that file an application for certification with SBA by December 22, 2024, may continue to self-certify for such federal government contracts and subcontracts until the SBA makes a final decision.
- SDVOSBs that do not file an application for certification with SBA by December 22, 2024, or are not certified by SBA’s VetCert program and do not file an application by the deadline, will not be eligible to self-certify for such federal government contracts or subcontracts after December 22, 2024.
- To implement the statutory language of Section 864 of the NDAA 2024, SBA is amending parts 125 and 128 of its regulations.
Conclusion
If you have any questions about this noteworthy development, please do not hesitate to contact Aron Beezley or Patrick Quigley.