Tuesday, January 25, 2022

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Allegation that Awardee Was “Bumping Up Against the Size Standard” Is Not Specific Enough...

Appeal of size protest is denied for lack of specificity. The protester alleged that the awardee’s average annual receipts exceeded the applicable size standard. OHA found that the protest was speculative and lacked factual support. The protester alleged the awardee was “bumping up against the size standard,” but it had not provided any specific information […]
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Failure to Update SAM Negates Company’s SDVOSB Status; In the Matter of Bravo Consulting,...

Appeal challenging cancellation of business’s SDVOSB listing is denied. Regulations governing the VA’s vendor information pages require SDVOSBs to register with the System of Award Management. Here, the appellant had failed to update SAM with a name change. The company had not maintained its eligibility as required by regulations. Its listing as an SDVOSB was […]
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Failure to Update CVE on Change in Ownership Results in Cancellation of Company’s Listing...

CVE Appeal challenging the removal of an SDVOSB from the VA’s vendor listing pages is denied. CVE regulations state that when an SDVOSB has a change in ownership, it must file a form to notify the VA of the change within 30 days. This requirement is mandatory; failure to file the form will result in […]
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OHA Lacks Jurisdiction to Review CVE Office’s Good Character Determination; In the Matter of:...

Appeal of CVE determination rejecting an application for verification as an SDVOSB is dismissed. The CVE Office determined that the applicant, who had a criminal conviction, did not meet the good character criteria for approval as an SDVOSB. The applicant appealed, arguing that the conviction was old and that he had since established his good […]
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Status Protest Based on a LinkedIn Profile and Inferences Fails to Persuade; CVE Protest...

Protest challenging awardee’s SDVOSB status is denied. The protester alleged that the veteran on whom the awardee’s SDVOSB status was based worked full-time for another company. But OHA found this argument was based on a stale LinkedIn profile. The record showed that the veteran actually worked full-time for the awardee. The protester further alleged the […]
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Business Is Not Small Due to Affiliation Through Negative Control; Size Appeal of Swift...

Size determination in which SBA found awardee was not small is affirmed. The awardee of a small business set aside was affiliated with another entity through negative control. While the awardee was a minority owner of the other entity, it had  the power to block that entity from taking action, which was sufficient to negatively […]
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OHA Finds Challenge to Firm’s SDVOSB Status Is Based on Speculative Rumors of Veteran-Owner’s...

CVE protest challenging firm’s SDVOSB status is denied. The protester alleged the veteran-owner of the challenged firm was retiring and no longer controlled the company. Rather, the firm was controlled by other corporate affiliates owned by non-veterans. OHA found the protester’s claims were based on speculation; there was no evidence showing the owner was renting […]
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Size Protest Alleging Violation of Ostensible Subcontractor Rule Doesn’t Need to Identify Alleged Ostensible...

SBA decision dismissing a size protest for lack of specificity is vacated. The protester alleged the awardee of small business set aside was overly...

Franchise Agreement Tanks Company’s SDVOSB Application; CVE Appeal The Hope Cos, LLC, SBA No....

Appeal of a CVE decision denying company’s application for verification as an SDVOSB is denied. An eligible SDVOSB must be unconditionally owned and controlled by a service-disabled veteran. Here, the applicant was bound by a franchise agreement, which gave a non-veteran franchisor control over the company. Moreover, the company’s own operating agreement gave control over […]
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Dems Da Breaks: Firm May Have Qualified as Small Business for Award of ...

Appeal of SBA size determination is denied. The appellant had been a small business when it was awarded an IDIQ contract, but SBA had found it was not a small business for purposes of a task order awarded under the IDIQ contract. The appellant argued that the task order solicitation had not been set aside […]
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