Veteran Owned Small Businesses (VOSB), Service Disabled Veteran Owned Small Businesses (SDVOSB), and JVs with VOSB and SDVOSB take note of this new rule impacting your certification requirements for sole source and set - aside contracts. As of November 29, 2022, the SBA requires VOSB and SDVOSB to certify through the SBA their size status to participate in any sole source or set aside contracts on or after January 1, 2023.
This means that you must certify size status based on SBA’s current rules and not just primary NAICS codes. In addition, under the final rule, there is no longer a requirement of “good character”, however, a business must still be in compliance with the present requirements of not being excluded from SAM, not knowingly submit false information, and having paid its dues to the federal government.
For other contracts, not sole source and not set - asides, you can still self - certify. In the meantime, since 2023 is around the corner, here’s what you can do: 1. If you are new in this process go the SBA route to become certified, see www.sba.gov for published instructions; 2. If you’re already a VOSB or a SDVOB you have until Dec. 31, 2023 to comply and you can still self -certify, but there’s a catch, you must have an application pending with the SBA before or on December 31, 2023, in order to self - certify for sole - source and set - aside contracts; 3. if you have a JV make sure that the JV complies with the JV agreement requirements under 13. C.F.R. 128. 402(c) and comply with the limitations on subcontracting i.e. making sure the VOSB/ SDVOSB complete their percentage of the work.
If you have questions about this new final rule reach out to me via email firstname.lastname@example.org.