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Swampdonkey

A bit of a conundrum.

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My company won a ID/IQ contract with the VA and was eligible to compete for SDVOSB set-aside task orders. Two years later we are removed from CVE for becoming large.

After researching how to gain re-enlistment in CVE, I seem to have discovered a quagmire. There are SBA regulations that state you are considered small for the life of the contract, unless three events occur (none of which have in this case). Additionally, even if we are considered large, that determination is prospective only and will have no retroactive effect. By all accounts, the law says we should be eligible to compete for SDVOSB set aside task orders on this ID/IQ.

However, there is a VAAR clause that shows up in SDVOSB set aside task orders which states, and I am paraphrasing, any potential offerors must be listed in the VA's CVE database. It is my understanding that the CVE database is not contract specific. A company is either, broadly speaking, small or not small. That is to say, a company is not listed as an SDVOSB for contract A, but not contract B in CVE.

Broadly speaking, we are not a SB anymore, yet the law says we should be able to compete for SDVOSB set aside task orders.

So my question is, how does my company get re-listed in CVE? Would any petition for re-enlistment start with the CVE or SBA?

Thanks in advance for any suggestions.

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Did you read the (2 year) eligibility term information for CVE ("Center for Veterans Enterprise") ? I found this at "38 CFR 74.15 - What length of time may a business participate in VetBiz VIP Verification Program?" Also, if the CVE learns that a business no longer meets the eligibility requirements, it may take steps to remove the concern from the listing. Does this apply to your situation? I'm not familiar with the program. I looked it up on-line.

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CVE is a program operated by the VA that has its own eligibility requirements. The program is governed by 38 CFR 74. Have you read through this regulation specifically 38 CFR 74.15, 38 CFR 74.21 and 22?

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Thanks for the responses. I have read some of those regulations.

As far as the deadlines go, mistakes were made, then the legal group was brought into the fold. All applicable time periods have run out. Additionally, think it was our reapplication that triggered the removal.

I also understand that the CVE falls under the VA's purview. However, size issues are the SBA's jurisdiction. But then again, I would think the VAAR takes legal precedence over any SBA regulations as to a VA administered program.

My thoughts at this point are to either write a letter to the SBA detailing the issue, although making it clear we are not appealing their size determination, or reapply to CVE. There is also of course the court system, but I do not believe we would take it that far.

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Sorry but I have to do this but......You can lead a Swampdonkey to water but you can make them drink -LOL!

Again you need to read all of 38 CFR 74 not jsut some and with regard to your latest post please read 38 CFR 74.13(d) as in "donkey".

Really it must be my water here!

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Not a problem. I'm surprised it took this many responses for a joke to appear. :P

I have read 73.13(d) and that process has unfortunately concluded.

In spite of that provision, and maybe this is semantics, but I believe a legitimate argument can be made that because SBA size determinations are prospective only, we should still be eligible to compete for SDVOSB task orders under the current ID/IQ. There is even a case to this effect. Of course though, once the SBA determines a concern other than small, that decision is "final".

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Thanks for the responses. I have read some of those regulations.

As far as the deadlines go, mistakes were made, then the legal group was brought into the fold. All applicable time periods have run out. Additionally, think it was our reapplication that triggered the removal.

I also understand that the CVE falls under the VA's purview. However, size issues are the SBA's jurisdiction. But then again, I would think the VAAR takes legal precedence over any SBA regulations as to a VA administered program.

My thoughts at this point are to either write a letter to the SBA detailing the issue, although making it clear we are not appealing their size determination, or reapply to CVE. There is also of course the court system, but I do not believe we would take it that far.

Swampdonkey, please check out the rulemaking for 2 year verification rule at :http://www.va.gov/ORPM/docs/20120627_AO49_VAVeteranOwnedSmallBusinessVerififcationGuidelines.pdf.

The preference program is intended to be for Small Businesses, not for formerly small businesses. In June 2012, the revised verification period cited above was revised from one year to two years to reduce the administrative burden on SDVOSB/VOSBs regarding participationin in VA acquisitions set aside for these types of firms.

See also P.L. 111-275, Section 104 Veterans Small Business Verification Act at http://www.va.gov/osdbu/docs/pl111275sec104.pdf

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