Monday, April 6, 2020

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Even After Two Attempts, Protester Challenging Status of Awardee Cannot Explain Why Awardee Is...

Status appeal is dismissed as nonspecific. The protester alleged the awardee was not an SDVOSB. OHA ordered the awardee to show cause as to why the protest should not be dismissed as nonspecific. In response, the protester filed an amended protest. OHA found that the amended protest was untimely. What’s more, the amended protest did […]
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Just Because Solicitation Seeks Some Engineering Work Does Not Mean it Must Be Designated...

Protest challenging NAICS code designation is denied. The agency designated the solicitation under an NAICS code for architectural services. The protester argued that it should have been designated under a code for engineering services. OHA found that the agency was seeking design services for the renovation of a building. While this involved some engineering services, […]
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Appeal Challenging NAICS Designation in a Pre-Solicitation Notice is Premature; NAICS Appeal of EYP...

Appeal challenging the NAICS designation listed in a pre-solicitation is dismissed. Absent a formally issued solicitation, OHA does not have jurisdiction to hear an NAICS appeal. The appeal from a pre-solicitation notice was therefore premature. The General Services Administration issued a pre-solicitation notice for the modernization of a building in Colorado. The solicitation was set aside […]
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Death or Illness of Family Member Does Not Excuse a Late Size Appeal; Size...

Appeal of a size determination is dismissed as untimely. The appellant alleged that its delay in filing the appeal was due to tragic event involving a member of its counsel’s family. The appellant argued that a tragic incident—like death or serious illness—should excuse a delayed appeal. But OHA found that it was obligated to dismiss […]
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OHA Reaffirms that the Small Business Runway Extension Act Does Not Implement an Immediate...

Appeal of an SBA decision finding that business was not a small concern is denied. The appellant argued that the SBA Area Office had...

CO’s Failure to Submit All the Information It Received from Protester to SBA Area...

SBA Area Office’s dismissal of a size appeal is reversed. The Area Office dismissed the protest for lack of specificity. But OHA found that the Area Office had considered the wrong version of the protest. The same day that the protester filed its defective protest, it filed an amended protest that included more detail and […]
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Offeror’s Late Proposal Nullifies Its Size Protest; Size Appeal of Land Shark Shredding, LLC,...

Appeal of a dismissed size protest is denied. The protester had submitted a quote in response to a solicitation that was set aside for SDVOSBs. The protester’s quote, however, was rejected as untimely. Although the protester was excluded from the procurement, it filed a protest challenging the size and status of the apparent awardee. OHA […]
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Protester Lacks Standing to Challenge Awardee’s Size in an Unrestricted Procurement Where the Awardee...

Appeal of a dismissed size protest is denied. The protester lacked standing to challenge an awardee’s size because (1) the procurement was unrestricted, and (2) the awardee had not represented itself as a small business. What’s more, because the protest involved a long term IDIQ contract, the protest had be brought within five days of […]
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Just Because Business Owner Did Not Mention His Disability on Social Media Does Not...

Protest challenging business's SDVOSB status is denied. The protester alleged that the challenged business’s principal was not disabled because his social media profiles on...

Business Owner, With Over $6 Million in Assets, No Longer Economically Disadvantaged; In the...

SBA decisions suspending and terminating concern from the 8(a) Business Development program are affirmed. SBA regulations provide that to be eligible for the 8(a)...
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