If you are a veteran who also owns a small business, you are likely aware of the federal contracting opportunities associated with the United States Small Business Administration’s VOSB (Veteran-Owned Small Business) and SDVOSB (Service-Disabled Veteran Owned Small Business) certification programs. These certifications allow the business to compete for federal sole-source and set-aside contracts within the federal government.
However, most applicants or certification holders don’t know what to do if they are denied certification or if their certification is revoked. There is a right to appeal such a denial or decertification, but the business must act quickly, because the deadline to appeal is only 10 days from the date the denial or notice of decertification is received.
There’s no prescribed format for the appeal, but it must contain certain information:
- A copy of the denial or decertification and the date it was received;
- An explanation of why the denial or decertification is in error;
- Other information you think the Judge should know; and
- Your (or your attorney’s) name, address, telephone number, and email address.
You are also required to:
- Serve your entire appeal petition upon the Director, Office of Government Contracting (D/GC) and SBA Counsel at OPLservice@sba.gov;
- Enclose a certification of service (form available here); and
- File a copy with the Office of Hearings & Appeals of the SBA at OHAFilings@sba.gov.
If you do not follow these steps, your appeal may be rejected.
After you file the appeal, the office must deliver your company’s entire file related to the decision to the Administrative Law Judge.
The office that made the decision is given the opportunity to respond within 15 days after service of the notice of the appeal. You generally won’t be able to respond to the office’s submission until the ALJ directs you to do so.
Once the ALJ has all of that information, they will decide whether or not an error occurred. The decision will be based on the evidence in the case file, unless you can show good cause why other information must be included.
The OHA decision is final. However, any party may request reconsideration by filing and serving a petition for reconsideration by filing it with the OHA and serving all parties within 20 days after the written decision is issued. The petition must show a that there was an error of fact or law material to the decision. The ALJ may also reconsider on their own initiative.
While there is no requirement that a business use an attorney during the process, engaging a knowledgeable attorney can help you present the most persuasive argument, applying the facts to the regulations in a way that a business owner may not be able to do.
If you need help appealing a denial or decertification as a VOSB or a SDVOSB or any other certifications, please contact Danielle Dietrich, Esq. at ddietrich@potomaclaw.com or 412-449-9141.
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