As a resident of the Washington, D.C. area, I see reminders of our veterans’ bravery everywhere. From the war memorials to the national monuments, from Arlington Cemetery to the reflecting pool – our city is filled with memories of those who have so valiantly fought to give this nation its freedom.
The honor of those who have fallen cannot be overstated. Today, however, I find myself also thinking of those who have returned to us. Last month at a legal clinic I held I met veterans who served for us all over the world – Iraq, Afghanistan, the Persian Gulf, Vietnam. Every single veteran had a story to tell, and every single veteran came back to this country with wounds of war. Some of these wounds were more visible than others.
In recognition of what these individuals have given our nation, our Government tries to give back. This is why it provides federal benefits such as disability compensation and pensions, and also why businesses owned by veterans have special status in federal contracting programs.
The problem is that not only are the systems in place to provide these benefits imperfect, but veterans may not know how to maximize the opportunities they have earned by their service.
Attorneys talk about their gratitude towards veterans for what they have done, and it is important to show our thankfulness, but I want to do something a bit different. I am not in a position to correct an imperfect system, but I am in a position to help veterans better realize opportunities afforded to them because of their veteran status.
If you are a veteran participating in the service-disabled veteran-owned small business contracting program, there may be opportunities in this arena of which you are unaware. The following is not legal advice, as I am unaware of your individual circumstances, but general guidance to help you take advantage of your ability to participate in this program:
- Be aware of your eligibility to participate in the SDVOSB contracting program, and the requirements you must meet and maintain. For example, in corporate documents, the veteran upon whom eligibility is based must hold the highest position. The veteran must also own 51% or more of the business and control the management and day-to-day operations of the business.
- Obtain the proper certifications. To be eligible for VA set-aside contracts, SDVOSBs must register in the VA’s VetBiz VIP Verification Program.
- Make connections with large contractors who must meet small business subcontracting requirements. For example, mentor/protégé agreements or subcontract agreements can be extremely mutually beneficial. The SDVOSBs receive subcontracting opportunities and valuable experience which can be cited in later proposals, and large concerns will be viewed favorably in proposal evaluations for meeting small business subcontracting goals. Also, large concerns may receive additional subcontracting plan credit towards a specific VA contract.
- Know where to look for set-aside opportunities for SDVOSBs.
- Know how to recognize a valid basis for a protest. For example, is there reason to believe the awardee was ineligible for the award? Also, did the agency properly consider conducting the procurement as an SDVOSB set-aside? The latter ground has recently been the subject of several sustained bid protests due to the Veterans Benefits, Health Care, and Information Technology Act of 2006. This Act mandates the VA to set aside contracts for SDVOSBs when the contracting officer determines: 1) that there is a reasonable expectation that two or more SDVOSBs will submit offers; and 2) that these offers will be offered at a fair and reasonable price.
If you are a veteran applying for disability compensation or pension benefits, feel free to contact me at scs@legalmeetspractical for a free packet containing information and guidance on the application process.
To all of the veterans, thank for all you have done. I pledge to give back to veterans this year because I know what the generations of veterans have given me. Because of all of you, I am free.
