Small Bus Administration Proposes Rule to Reconcile and Clarify Ownership and Control Standards

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Today, our colleagues Richard Oliver and Travis Mullaney published their Alert titled SBA Proposed Rule Standardizes SDVO SBC Ownership & Control Standards. The Small Business Administration’s (SBA) proposed new rule would reconcile and clarify the ownership and control standards required for qualify as either a Veteran-Owned (VO) or Service-Disabled Veteran-Owned (SDVO) Small Business Concern (SBC) under the programs offered by the SBA and the Department of Veterans Affairs (VA).

Key takeways are:

  • SBA’s proposed rule would significantly revise ownership and control rules, adopting language from VA and SBA 8(a) Business Development program regulations
  • SDVO SBCs should avoid super majority shareholder voting requirements 
  • New rule would create rebuttable presumptions for control regarding normal working hours and the reasonable commute to a firm’s headquarters

Additional Sources:  Changes for Bid Protests in FY 2018 NDAA