What to Do If Your SDVOSB Certification Is Denied: Steps for Veterans

If you are a veteran, obtaining Service-Disabled Veteran-Owned Small Business (SDVOSB) certification is essential for accessing federal contracts. Unfortunately, some applications are denied, leaving business owners unsure of how to proceed. When faced with a denial, it is crucial to act swiftly and understand your rights. Professional legal advice can be invaluable during the SDVOSB certification process, especially when navigating the SDVOSB appeal process or preparing for recertification.

Understanding SDVOSB Certification Denial

A denial of SDVOSB certification can result from several factors, including insufficient documentation, eligibility issues, or technical problems during the application process. If your certification is denied, the Small Business Administration (SBA) will issue a letter explaining the reasons. While receiving a denial letter can be frustrating, it provides clear guidance on what must be corrected. Tackling this step without legal assistance can be daunting, which is why professional help is often necessary. For more information about the SDVOSB certification process, visit our SDVOSB CVE Certification page. 

Prompt Actions After Denial

Time is critical following an SDVOSB certification denial. The SDVOSB appeal timeline requires appeals to be submitted within 10 business days of the denial notice. To prepare effectively, take these steps immediately:

1. Carefully review the denial letter.
2. Gather all relevant documentation, including:
   • Your original application
   • Supporting materials submitted with the application
   • The SBA’s denial letter

Acting quickly and efficiently is essential to building a strong case for appeal or preparing for a new application.

The SDVOSB Appeal Process

If you believe the SBA made an error in its decision, you have the option to appeal through the SBA’s Office of Hearings and Appeals (OHA). The SDVOSB appeal process involves:

• Filing a written appeal within the 10-business-day SDVOSB appeal timeline.
• Addressing the SBA’s findings point by point with supporting evidence.
• Ensuring all procedural requirements are met.

The SDVOSB appeal process can be overwhelming due to its strict deadlines and the complexity of the required documentation. Seeking assistance from an attorney with expertise in SDVOSB certification denials can ensure your appeal is compelling and compliant. For additional guidance, contact us today.

Case Study: Superior Optical Labs, Inc. v. United States

The case of Superior Optical Labs, Inc. v. United States demonstrates how SDVOSB certification denials can escalate into legal disputes. Superior lost its SDVOSB status due to contractual agreements that allegedly gave control to a non-veteran entity. The SBA’s OHA upheld the denial, emphasizing the importance of meeting federal regulations regarding ownership and control.

This case highlights the need to ensure compliance with all SBA requirements throughout the SDVOSB certification process and underscores the importance of legal expertise to avoid pitfalls. You can read the full ruling here.

How Whitcomb, Selinsky PC Can Provide Support

Navigating the SDVOSB appeal process can be challenging. Whitcomb, Selinsky PC has extensive experience assisting veterans with certification challenges, appeals, and related legal matters. Their services include:

• Thorough review of denial letters to identify and address deficiencies.
• Guidance on creating a strong appeal or preparing a revised application.
• Legal representation throughout the appeals process.

With us, you’ll have experienced advocates to help you every step of the way. Contact us to learn more.

Preparing for Recertification

If an appeal is unsuccessful, recertification offers another opportunity to secure SDVOSB status. To strengthen your application:

• Address the deficiencies outlined in the denial letter.
• Ensure all documentation complies with SBA requirements.
• Work with an attorney to avoid repeated mistakes.

Legal guidance can help you navigate the process and increase your chances of success.

Conclusion

An SDVOSB certification denial is a setback, but it doesn’t have to end your pursuit of federal contracting opportunities. By acting quickly, addressing the reasons for denial, and seeking professional assistance, veterans can navigate the SDVOSB appeal process and secure certification. For expert guidance, Whitcomb, Selinsky PC is here to help.