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Appeal from a determination that a company is no longer an eligible SDVOSB is denied. The company was unable to demonstrate that a service-disabled veteran owned 51% of the company. Moreover, the veteran who purportedly controlled the company lacked managerial experience and a background in construction, the company’s line of business.

The Air Force awarded a contract to SDVE, LLC for a construction project at an Air Force base. The contract was set aside for service-disabled veteran owned small businesses. A losing bidder, Chiefs Construction Company (CCC), filed protest challenging SDVE’s status as an SDVOSB. CCC claimed that the service disabled veteran on whom SDVE’s status applied died before proposals were due.

SDVE answered the protest by noting that following the death of it previous service-disabled principal, another service-disabled veteran, Christopher Salter, had obtained 51% of the company. SBA’s Director of Government Contracting asked SDVE to provide (1) documentation showing transfer of the 51% of the company’s shares to Salter, and (2) resumes for the all company officers.

SDVE declined to produce copies of any transfer of the shares to Salter, claiming that the company did not document the buying and selling of shares. SDVE did provide a resume for Salter. That resume, however, showed that while Salter had decades of experience as an auto mechanic, he had very little experience in construction, SDVE’s line of business. Accordingly, SBA found that SDVE was not controlled by a service-disabled veteran and thus was ineligible for award.

SDVE appealed the determination to SBA’s Office of Hearing and Appeals. SDVE argued that SBA had incorrectly determined that Salter lacked construction experience. But OHA noted that SDVE offered nothing to prove that Salter had experience or training in construction. SDVE sought to introduce new evidence to show that Salter had construction experience. But OHA found that those materials were not made available in the initial status determination and thus could not be considered on appeal.

SDVE also argued that SBA gave insufficient weight to Salter’s many years of experience in the military, which allegedly involved construction experience. OHA found, however, that Salter’s resume stated that while in the military he worked as a heavy wheel/equipment mechanic. Nothing about this suggested he had the experience to manage a construction company.

SDVE further complained that SBA erred in finding that the company did not show that Salter was a 51% owner of the company. While it did not provide stock certificates or a purchase agreement, SDVE had provided SBA with minutes of a shareholder meeting, which, it claimed, proved the transfer of stock to Slater. But the minutes only demonstrated that ownership was discussed during the meeting, not that a transaction occurred.

SDVE is represented by Christopher S. Salter, its President. The protester, Chiefs Construction Company, is represented by Farrell Thomas, its President. The government is represented by Edmund M. Bender of the U.S. Small Business Administration.