Skip to Content
  • That was the issue in the recent KWV, Incorporated v. United States (May 2, 2013) case.  Last year, the Veterans Administration (“VA”) sustained a competitor’s bid protest claiming that the owner of a Rhode Island service-disabled, veteran-owned business (“SDVOSB”) did not have enough control over day-to-day management of his business because he lived in Florida for part of the year.  Arguing that he managed the day-to-day business by telephone, e-mail and other electronic means and traveled to Rhode Island when necessary to attend meetings, the veteran business owner appealed to the United States Court of Federal Claims – and prevailed.  The court found that the veteran’s residency and decision to live in Florida for part of the year did not preclude him from “controlling” the business within the meaning of 38 CFR §74.4.   In fact, other than the VA’s “misplaced reliance” on the veteran’s residency, there was nothing to suggest that the veteran “was not exercising sufficient control” over his business.

    Although each small business program operates according to unique rules and regulations, the KMV case may provide other DBE, MBE and WBE business owners with legal precedent to argue that the can properly manage the affairs of their business from afar. 

    For more information contact:

    Christopher E. Ng, Esq.
    Gibbs Giden Locher Turner Senet & Wittbrodt LLP
    1880 Century Park East, 12th Floor
    Los Angeles, California 90067
    Phone: (310) 552-3400

    The content contained herein is published online by Gibbs Giden Locher Turner Senet & Wittbrodt LLP (“Gibbs Giden”) for informational purposes only, may not reflect the most current legal developments, verdicts or settlements, and does not constitute legal advice. Do not act on the information contained herein without seeking the advice of licensed counsel. For specific questions about any of the content discussed herein or any of the content posted to the Gibbs Giden website please contact the article attorney author or send an email to The transmission of information by email, over the Gibbs Giden website, or any transmission or exchange of information over the Internet, or by any of the included links is not intended to create and does not constitute an attorney-client relationship. For a complete description of the terms of use of this information and the Gibbs Giden website please see the Legal Notices section at /legal-disclaimer/. This publication may not be reproduced or used in whole or in part without written consent of the firm.

    Copyright 2013 Gibbs Giden Locher Turner Senet & Wittbrodt LLP ©