Saturday, October 31, 2020

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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...

Business Not Affiliated with Subcontractor Despite Earning Majority of Receipts from that Subcontractor; Size...

Appeal of size determination finding that awardee qualified as  a small business is denied. The protester alleged the awardee’s subcontractor would be performing the vital and primary functions of the contract in violation of the ostensible subcontractor rule. The record, however, indicated that the awardee would be self-performing the vital functions of the contract and […]
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Agency Did Not Err In Assigning Procurement NAICS Code for Services Even Though Contract...

Protest challenging NAICS code assigned to procurement is denied. The agency assigned an NAICS code for services to the procurement. The protester asserted that the procurement was primarily for supplies and thus should have been assigned an NAICS code for supplies. OHA agreed that the procurement was primarily for supplies. Nonetheless, when supplies must be […]
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Small Business’s Acquisition of Eyeglasses Manufacturer Negated Potential Violation of Nonmanufacturer Rule; Size Appeal...

Appeal of size determination finding that awardee qualified as a small business is denied. The protester alleged the awardee violated the nonmanufacturer rule because it was not the final manufacturer of the eyeglasses required under the contract; rather, the awardee planned to subcontract with a manufacturer to supply the eyeglasses. But after submitting its initial […]
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Small Business Runway Extension Act’s 5-Year Look-Back Period Does Not Apply to Size Certifications...

Appeal of an SBA size determination finding that business was not small is denied. The appellant argued the SBA misapplied the Small Business Runway Extension Act. The Runway Act amended the way SBA promulgates size standards by the changing the look-back period for a business’s average annual receipts from three years to five. The appellant […]
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Succession Plan Improperly Conditioned Veteran’s Ownership of Company, Negating Business’s SDVOSB Status; In the...

Appeal of SBA decision finding that company did not qualify as a service-disabled veteran-owned small business is denied. Under SBA’s regulations an SDVOSB must be unconditionally owned by a service-disabled veteran. The SBA found the appellant did not qualify as an SDVOSB because its principals had executed an agreement that conditioned the ownership of a […]
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$5 Million “Start-Up” Loan from Subcontractor to Small Business Indicative of Unusual Reliance on...

Protest challenging SBA’s size determination is denied. The SBA determined that the protester was not a small business because it was unusually reliant on a subcontractor in violation of the ostensible subcontractor rule. The court agreed with the SBA finding that protester had no experience performing the primary and vital requirements of the contract. Additionally, […]
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Ostensible Subcontractor Rule For SDVOSBs Does Not Apply to Procurements for Goods; CVE Protest...

Protest challenging awardee’s status as a service-disabled veteran-owned small business is denied. The protester alleged that awardee was unduly reliant on a subcontractor in violation of the ostensible subcontractor rule. But the ostensible subcontractor rule applies only to procurements for services. The contract in this case for goods. The protester also alleged  the awardee was […]
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OHA Denies VA Status Protest, Finds that Small Business Is Not Unusually Reliant on...

Protest challenging contractor’s SDVOSB status is denied. The VA filed a protest alleging that the contractor was not an SDVOSB because it was unusually reliant on a large business subcontractor. OHA, however, found that the contractor was performing a mixed contract, providing services and supplies. In a mixed contract, SBA’s limitations on subcontracting prohibit a […]
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Termination for Cause Justified by Contractor’s Shoddy Performance; SCS Building Maintenance, Inc. v. General...

Appeal of a termination for cause is denied. The agency terminated a contract for janitorial services after a significant decline in the quality of...