ARTICLE · 18 JUNE 2024

SBA Announces Final Rule Eliminating Self-Certification For SDVOSBs

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The U.S. Small Business Administration (SBA) on June 6, 2024, published a Final Rule (the Rule) to eliminate self-certification for Service-Disabled Veteran-Owned Small Businesses ...

United StatesGovernment, Public Sector

Christian B. Nagel

Jeremy D. Burkhart

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The U.S. Small Business Administration (SBA) on June 6, 2024, published a Final Rule (the Rule) to eliminate self-certification for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) whose federal government contracts or subcontracts count toward agency or subcontracting goals.

As a reminder, as of Jan. 1, 2024, offerors are required to be SBA-certified SDVOSBs and veteran-owned small businesses (VOSBs) through the Veteran Small Business Certification (VetCert) Program in order to compete for sole source and SDVOSB set-aside awards. See 13 C.F.R. § 128.401(a). If the Rule is finalized, self-certification for SDVOSBs essentially will be eliminated. This means that SDVOSB self-certification no longer will be acceptable for prime contract SDVOSB set-aside awards. Similarly, self-certified SDVOSBs will no longer count toward agency contracting goals or a prime contractor's subcontracting goals.

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