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OIG Audit Finds Nearly $900 Million in SDVOSB Set-Aside Contracts Awarded to Ineligible Contractors

Client Alert | 1 min read | 02.25.20

In its February 18, 2020 Report, the Inspector General for the U.S. Department of Defense (DoD) concluded that $876.8 million in service-disabled veteran-owned small-business (SDVOSB) contracts were improperly awarded due to a lack of verification by contracting officials. The audit, which was conducted to determine whether DoD awarded contracts to businesses that actually qualified under the SDVOSB regulations, reviewed awards for 29 self-certified SDVOSBs. Of those 29 contractors, DoD found that 16 had misrepresented their status and wrongfully received a total of 27 SDVOSB set-aside awards valued at $827.8 million in fiscal years 2017 and 2018 alone. Additionally, three other contractors received SDVOSB deals notwithstanding the fact that the Small Business Administration (SBA) had previously found them ineligible for award in response to size protests.

DoD currently relies on businesses’ self-representations of SDVOSB status in the System for Award Management (SAM) when awarding contracts. The Report warns that until additional controls are established, “DoD contracting activities will continue to award SDVOSB contracts to ineligible contractors.” The Report recommends that the DoD Office of Small Business Programs take several steps to remediate the problem, including requiring the submission of documentation establishing SDVOSB status prior to award, and taking action against the contractors determined to have misrepresented their status.

Given this Report, SDVOSBs, large businesses doing business with them, and their service providers (e.g., surety firms) are well advised to pay close attention to eligibility issues.

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Client Alert | 2 min read | 05.14.26

Proposed DFARS Rule Could Require Disclosures and Mitigation Related to Foreign Ownership, Control, and Influence (FOCI) on Certain Unclassified Contracts

On May 7, 2026, the Department of War issued the long-awaited Proposed Rule to implement Section 847 of the FY 2020 National Defense Authorization Act (NDAA) regarding Foreign Ownership, Control or Influence (FOCI) requirements for contractors. The proposed rule would expand the applicability of FOCI reviews, requiring contractors and subcontractors on unclassified “covered contracts” — defense contracts and subcontracts valued in excess of $5 million that are not for commercial products and services — to submit FOCI disclosures to the Defense Counterintelligence and Security Agency (DCSA) for FOCI risk assessment (and as applicable, mitigation) as part of contract award. This would effectively require DCSA assessment and adjudication of FOCI considerations prior to contract award. Thus, both cleared and uncleared defense contractors would be subject to the rigorous DCSA disclosure requirements, scrutiny, and FOCI mitigation. Crowell discussed the Section 847 requirements in a prior alert....

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