Saturday, October 16, 2021

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Untimely NAICS Appeal Submitted to Nonexistent Email Address Can’t Be Salvaged; NAICS Appeal of...

NAICS appeal is dismissed as untimely. The appellant filed a certificate of service with OHA and then submitted its appeal to nonexistent email address. Even if OHA had accepted the certificate of service as the appeal, the certificate had still been submitted more than 10 days after the solicitation had been issued and thus was […]
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OHA Reverses Its Own Status Determination, Finds Concern Actually Qualified as SDVSOB; CVE Protest...

Request for reconsideration of a CVE Protest decision is granted. In an initial decision, OHA had found that the awardee of a VA lease did not qualify as an SDVOSB because the veteran-principal lacked experience, and the company was overly reliant on another firm. But OHA determined that while the veteran lacked property management experience […]
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No Violation of Ostensible Subcontractor Rule When Alleged Affiliate Is Not, In Fact, a...

Appeal of SBA Area Office size determination is denied. The protester alleged that the awardee of a small business set aside was affiliated with...

Small Business May Have Been Managing Contract But that Didn’t Mean it Was Performing...

Appeal of size determination finding that business was not small is denied. The SBA Area Office had found that the challenged concern was not going to perform the primary and vital contract requirements. Rather, the concern planned to rely on a subcontractor to perform those requirements in violation of the ostensible subcontractor rule. The concern […]
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OHA Reverses SBA Area Office, Finds Size Determination was Not Supported by Facts or...

Size determination finding that concern was other than small is reversed. The SBA Area Office found that the awardee of an 8(a) set aside would not perform the primary and vital functions of the contract and would be unusually reliant on its subcontractor. OHA found that the Area Office had misidentified the primary and vital […]
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You Can’t Petition for SBA Administrator Review of an OHA Size Appeal; Size Appeal...

Appeal requesting review from the SBA Administrator is dismissed. OHA issued a decision denying a size appeal. The appellant then filed a second appeal asking the SBA Administrator to review OHA’s decision. OHA dismissed the appeal, reasoning that an OHA decision in a size appeal is final agency decision. There is no right to review […]
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OHA Reverses Size Determination, Finds SBA Area Office Misapplied Ostensible Subcontractor Rule; Size Appeal...

Appeal of an SBA Area Office size determination is granted. The Area Office found that the awardee of a contract set aside for women-owned small businesses was overly reliant on the incumbent and thus affiliated with the incumbent through the ostensible subcontractor rule. OHA found that Area Office erroneously analyzed the ostensible subcontractor rule factors. […]
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Agency’s Alleged Inconsistent Actions Cannot Salvage Untimely Size Protest; Size Appeal of Osprey Technology...

Appeal of a dismissed size protest is denied. The SBA Area Office dismissed the size protest as untimely, finding that it had been filed more than five business days after announcement of the award. The protester argued that the agency had taken actions inconsistent with the award; specifically, the agency had awarded the protester a […]
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OHA: Ya’ Gotta File a Size Protest before Filings a Size Appeal; Size Appeal...

Size appeal is dismissed as premature. The protester filed a size appeal before seeking a size determination. OHA lacks jurisdiction to consider a size determination until a size determination has been issued. Caldaia Controls, LLC filed a size appeal with SBA’s Office of Hearings and Appeals. The appeal sated that it was appealing the award […]
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Protest Challenged Awardee’s SDVOSB Status, But the Contract Was Not Set Aside for SDVOSBs;...

Protest challenging the SDVOSB status of the awardee is dismissed. The bulk of the protest challenged the conduct of the procurement, not the SDVOSB status of the awardee. More importantly, the contract was not set aside for SDVOSBs, so the awardee’s status was beside the point. The Department of Veterans Affairs announced that Esterhill Boat […]
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