Saturday, October 31, 2020

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Failure to Respond to CVE Document Request Results in Loss of SDVOSB Status; CVE...

Appeal of a decision cancelling a company’s SDVOSB status is denied. VA regulations require companies to respond to document requests from the Center for Verification and Evaluation but the appellant failed to fully respond. Thus, OHA saw no reason to grant the appeal. Indeed, OHA opined that even if it accepted the requested information in […]
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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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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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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)...

Protégé’s Reliance on Mentor Does Not Implicate the Ostensible Subcontractor Rule; Size Appeal of...

Size protest alleging that a small business protégé’s mentor was an “ostensible subcontractor” is denied. The SBA properly determined that that the primary purpose of the contract was to maintain relationships with pharmacies, and that the small business prime could self-perform that requirement. Moreover, the small business was not unusually reliant on its mentor. The […]
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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....

New Owner’s Inability to Demonstrate Experience in Company’s Line of Business Scuttles SDVOSB Status;...

Appeal from a determination that a company is no longer an eligible SDVOSB is denied. The company was unable to demonstrate that a service-disabled...

Joint Venture Qualifies as a Small Business Even Though Mentor-Protégé Relationship Terminated Prior to...

Two size appeals are denied where (1) the putative small business qualified under SBA’s mentor-protégé program even though the mentor-protégé relationship was terminated after the proposal deadline, (2) the small business’s mentor-protégé agreement had not expired prior to the submission of the offer, and (3) the small business was not affiliated with any other company. […]
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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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Company Loses SDVOSB Status By Making the Owner’s Wife a Manager and Failing to...

Appeal of a VA decision cancelling company’s status as a service-disabled veteran-owned small business is denied. The company at issue was an LLC. To qualify as an SDVOSB, an LLC must be managed by a service-disabled veteran. Here, the company transferred an ownership share management authority to a non-veteran. What’s more, the company failed to […]
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