OHA Grants Appeal Due to a Mistaken Factual Premise
The appellant’s veteran-owned small business (VOSB) certification was denied because the veteran owner did not have access to the appellant’s bank account. The appellant appealed, alleging it was in the process of switching banks before the application, but the veteran had full control when the business submitted its application. OHA granted the appeal, finding the denied application was based on a mistaken factual premise
VSBC Appeal of LanguageArts LLC, SBA No. VSBC-404-A
- Denial & Appeal – The Director of SBA’s Office of Government Contracting (D/GC) observed that the appellant’s four owners — including the service-disabled veteran (SDV) owner — did not have full access to the appellant’s bank accounts to make deposits, payments, transfers, or withdrawals. The appellant argued that the SDV had full rights to the bank account and provided a letter from the bank identifying him as an account signer.
- Decision – OHA accepted the appellant’s assertion that the factual record before the D/GC was incomplete because the appellant was in the process of transitioning between banks. Thus, because the D/GC relied on a mistaken factual premise in denying the application, the appeal was granted.
— Case summary by Joshua Lim, Assistant Editor
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