What is a Letter of No Objection?
A Letter of No Objection is a written statement from a federal agency or department which clarifies that the employing agency does not object to an employee or the close family member of an employee receiving certification from an SBA contracting program; that such certification would not violate any of the employing agency’s specific ethics rules; and that there are no ethical concerns with the business pursuing federal contracts. The appropriate department or military service personnel, such as an ethics official sign it.
The federal government is responsible for ensuring contracts are awarded fairly and equitably. Federal ethics guidelines limit the award of federal contracts to businesses owned or controlled by government employees or close family members of government employees. These ethics rules are intended to prevent conflicts of interest in performing government duties and favoritism or preferential treatment within the procurement process.
When is a Letter of No Objection required?
A Letter of No Objection is required if the applicant, or a household member, is a federal employee at the GS-13 or equivalent (or higher), including members of Congress, appointed officials, or employees of the legislative or judicial branches of government.
Additionally, the SBA Standards of Conduct Committee must provide approval for employees of the legislative or judicial branches.
For more information, read 13 CFR 105.301 outlines the restrictions on eligibility for benefits and services provided by the SBA.
How do I provide a Letter of No Objection?
The Letter of No Objection may be uploaded to the VetCert application when prompted during the application process. The letter should be provided to the SBA by the applicant and addressed to:
Director, Veteran Small Business Certification (VetCert)
Office of Government Contracting and Business Development
U.S. Small Business Administration
409 Third St., NW
Washington, DC 20416
What happens if I don’t provide a Letter of No Objection?
Federal regulations require SBA to have assurance from an employee’s (or household member’s) agency before providing SBA assistance to them or their business dealings. If a letter is not provided, SBA is required to find the business ineligible and deny certification.
Who is a household member?
A household member of an employee is:
- The spouse of the employee
- The minor children of the employee
- Any blood relation of the employee who resides in the same place of abode as the employee
- For any blood relation whole resides in the same place of abode as the employee, the spouse of any such blood relation who also resides in the abode is also considered a blood relation
For more information:
VetCert Website: www.sba.gov/vetcert
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