Saturday, January 23, 2021

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SBA’s Office Hearings and Appeals Lacked Jurisdiction to Hear Appeal Concerning Denial of Admission...

Motion to dismiss appeal of denied application for admission into SBA’s 8(a) Business Development program is granted. An 8(a) applicant may only appeal a denial of its application if the denial is based on a negative finding of social disadvantage, economic disadvantage, or ownership or control. Here, the denial was based on a finding of […]
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OHA Affirms that Nonmanufacturer Rule Does Not Apply to Set-Asides Under Simplified Acquisition Threshold;...

Appeal of a denied size protest is itself denied. The protester alleged the awardee of a small business set-aside was not small because the combined employees of the awardee and its affiliates exceeded the applicable size standard. OHA found that this allegation was based on conjecture. The protester also alleged that the awardee would not […]
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Size Is Determined As of the Date of Proposal Submission—Post Hoc Attempts to Comply...

Appeal of size determination is granted. The protester alleged the awardee was not a small business because it violated the ostensible subcontractor rule—that is, the awardee’s subcontractor appeared to be performing the primary and vital requirements of the contract. In response to the protest, the awardee made changes to its approach to ensure that the […]
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Drama, Intrigue, and Infighting Between Veteran Owners Did Not Negate Company’s SDVOSB Status; CVE...

Appeal challenging the cancellation of company’s SDVOSB status is granted. The VA’s Office of Certification and Verification terminated the company’s status because, due to...

Agency Performs Some Procedural Somersaults, Wiggles Out of Adverse OHA Ruling; Appeal of Caduceus...

Government’s motion to dismiss appeal challenging NAICS code assigned to solicitation is granted. The appellant successfully challenged the NAICS code to a 2020 RFP....

OHA Reverses SBA’s Size Determination, Finding Numerous Errors in Analysis; Size Appeal of HWI...

Appeal of an SBA size determination, which found that concern at issue was small, is granted. OHA found several errors in the SBA’s analysis. First, contrary to the Area Office’s findings, it was not clear the concern at issue would be manufacturing the goods (gloves) being procured. Second, it appeared that the Area Office’s reasoning […]
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Bad Advice from VA Employee on Where to Submit Appeal Does Not Toll Time...

Appeal of decision finding that concern was not an eligible SDVOSB is denied as untimely. The decision denying eligibility stated that an appeal had be filed with OHA within ten days. Based on advice from a VA employee, the business filed an appeal with the VA within ten days but did not file an appeal […]
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Status Protest Precluded Under Doctrine of Collateral Estoppel; CVE Protest of Superior Optical Labs,...

Protest challenging awardee’s status as SDVOSB is denied under doctrine of collateral estoppel. The protester alleged that the awardee of contract set aside for...

L’esprit de l’escalier?: OHA Refuses to Consider Argument Raised for the First Time on...

Motion to dismiss size appeal is granted. The appellant asserted two arguments on appeal: (1) the awardee lacked licenses and certifications required by the...

Although COFC Found Protested Contract Illegal, It Did Not Have Jurisdiction to Hear...

Government’s motion to dismiss protest is granted. The protester had filed a protest with the COFC alleging agency’s contract modification was illegal. The court...