The SBA proposes to create the Veterans Certification Program at 13 C.F.R. § 128, which includes consolidating existing regulations at 13 C.F.R. § 125 with the VA’s Center for Verification and Evaluation (CVE) verification guidelines at 38 C.F.R. § 74. The SBA proposes to take over responsibility for all VOSB and SDVOSB certifications on January 1, 2023. Companies certified by the VA prior to January 1, 2023, will be deemed eligible by the SBA for the remainder of their three-year term. There will be a one-year grace period for SDVOSBs to file an application for certification with the SBA to maintain their eligibility. With the exception of the grace period for SDVOSBs, after January 1, 2023, VOSBs and SDVOSBs would need to obtain the SBA’s certification to be eligible to receive sole-source or set-aside contracts for VOSBs or SDVOSBs.
These proposed rules for veteran-owned companies include ownership and control rules for certification that are similar to the rules for companies in the 8(a) and WOSB programs. The SBA is also proposing to grant reciprocity to 8(a) and WOSB companies that are owned and controlled by veterans or service-disabled veterans, and to provide an expedited process for 8(a) and WOSB companies applying for SDVOSB or VOSB status.
Comments should be submitted on or before August 5, 2022.