SBA Issues Final Rule To Take Control Of All Veteran-Owned Certifications

Takeaways

• In accordance with the 2021 NDAA, the SBA will issue all SDVOSB and VOSB certifications.
• The SBA is eliminating SDVOSB self-certification.
• This Final rule will take effect on January 1, 2023.

On November 29, 2022, the SBA issued its final rule to amend its regulations to eliminate SDVOSB self-certification and to transfer responsibility for VOSB and SDVOSB certifications from the Department of Veterans Affairs (VA) to SBA. Until now, there has been no government-wide certification program for SDVOSBs, meaning that for contracts not awarded by the VA, SDVOSBs are only required to self-certify their status for set aside or sole source opportunities. This amendment to the SBA's regulations implements Section 862 of FY 2021 National Defense Authorization Act (NDAA).