Saturday, July 31, 2021

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OHA Dismisses Speculative Challenge to Awardee’s SDVOSB Status; CVE Protest of Veterans Command, LLC,...

Protest challenging awardee’s SDVOSB status is dismissed in part and denied. The protester alleged that the awardee was not owned and controlled by an SDVOSB. But the awardee’s shareholder agreement showed that a service-disabled veteran was a majority owner. What’s more, this owner was the chairman and CEO of the company and thus controlled it. […]
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Email to Agency Requesting Change in NAICS Code Assigned to Procurement Did Not Toll...

Protest challenging the NAICS code assigned to a procurement is dismissed. A protest challenging an NAICS code must be filed within ten days of the issuance of a solicitation. In this case, the protester did not file a protest until 14 days after the solicitation was issued. The protester had emailed the contracting officer about […]
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Large Business Can’t Bring a Size Protest Even If Its Tiered Procurement; Size Appeal...

Size protest is dismissed for lack of standing. The solicitation was set aside for SDVOSBs, but it had a tiered evaluation so that if there were no acceptable SDVOSBs, the agency would consider proposals from other small businesses, and then, if no small businesses, from large businesses. The agency awarded the contract to an SDVOSB. […]
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OHA Finds that Receipts from Concern’s Ownership Share in Populated Joint Venture Must be...

Appeal of size determination finding that awardee was not small is denied. The SBA Area Office found when the awardee’s share of the profits in a joint venture were added to its receipts, the company exceeded the applicable size standard. The appellant argued that because the joint venture it owned was populated—i.e., had its own […]
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Protester Can’t Convince OHA that Solicitation for Fitness Services and Gyms was Really Seeking...

Protest challenging the NAICS code assigned to a small business set-aside seeking fitness services is denied. The agency assigned the code for fitness and recreation sports centers to the solicitation. The protester argued that the agency should have assigned a code for consulting services. OHA, however, found that the services sought by the solicitation fell […]
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OHA Finds that Challenge to Awardee’s SDVOSB Status Is Premised on Conjecture; CVE Protest...

CVE Protest challenging the SDVOSB status of the awardee is denied. The protester alleged that the awardee, which was a mentor-protégé joint venture, shared an address with a non-SDVOSB, which undermined its status as an SDVOSB. OHA found that the companies were merely located on the same street; they did not share an address. The […]
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Challenge to Awardee’s SDVOSB Status Is Based on a Non-Sequitur; CVE Protest of Security...

Protest challenging awardee’s status as an SDVOSB is denied. The protester submitted photographs showing that the awardee shared its premises with other companies owned by the same principal. The protester alleged that these photos called into question whether the awardee was owned and controlled by a service-disabled veteran. OHA found the argument baseless. The photos […]
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Single-Page Appeal Challenging NAICS Code Assigned to Procurement Fails to Persuade OHA: NAICS Appeal...

Appeal challenging the NAICS code assigned to an 8(a) set aside is denied. OHA found that the appellant had failed to carry it burden of proof. The appellant had filed a single-page appeal, which made no attempt to analyze the terms of the solicitation and did not allege that the code chosen by the agency […]
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Consent Judgment in FCA Case Was Sufficient Grounds to Terminate Contractor’s SDVOSB Status; CVA...

Appeal challenging the Department of Veteran Affairs’ termination of contractor’s SDVOSB status is denied. The VA cancelled the contractor’s status after the government sued the contractor for violation of the False Claim Act. OHA determined that the agency had good cause to terminate: the contractor’s senior executives bribed federal officials and conspired to supply substandard […]
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CVE Appellant Sought Absolution for Failing to Submit Documents on Time, But OHA Could...

Appeal of decision by VA’s Center for Verification and Evaluation cancelling business’s SDVOSB status is denied. On appeal, the appellant argued that its President had been on medical leave and thus had not received information requests from the VA. The appellant asked for forgiveness for its failure to provide the requested documents. But OHA found […]
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