Thursday, October 29, 2020

Subscribers Only

Free

Agency Chose Wrong NAICS Code for Airport Security Screening Contract; NAICS Appeal of Caduceus...

Appeal challenging the NAICS code assigned to a solicitation is granted. The agency issued a solicitation seeking airport security screening services. The agency assigned an NAICS code for security guards to the solicitation. OHA found that the code the agency assigned applied to firms that provide bodyguards and guard dogs. OHA reasoned that another code […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Contracting Officer Can Only Challenge SDVOSB Status of Actual, Not Mere Apparent, Awardee; CVE...

Agency’s protest challenging apparent awardee’s status is dismissed. The agency is only allowed to challenge an awardee’s status during the life of the contract. Because the contracting officer had not yet formally awarded the contract the life of the contract had not yet begun. The protest was premature. OHA dismissed it without prejudice. The Department […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Contractor Not an SDVOSB When Veteran Owner Works Full-Time for Another Company; CVE Protest...

Protest challenging concern’s status as a service-disabled veteran owned small business is sustained. The challenged concern’s managing member was a service-disabled veteran, but he...

OHA Reverses SBA Area Office, Finding It Misapplied Ostensible Subcontractor Rule; Size Appeal of...

Appeal of SBA Area Office size determination is granted. The protester contended that the awardee of an SDVOSB set aside was affiliated with a large business under the ostensible subcontractor rule. The SBA Area found no affiliation. On appeal, however, OHA found that the Area Office misapplied the ostensible subcontractor rule. The rule sets forth […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Small Business May Have Subcontracted with Incumbent and May Have Also Hired Some Incumbent...

Appeal of SBA size determination finding that challenged firm was a small business is affirmed. The protester alleged that the awardee of 8(a) set aside was too reliant on its subcontractor and thus violated the ostensible subcontractor rule. OHA disagreed, finding that under the awardee’s proposal and teaming agreement, the awardee world perform more than […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Claim Arising from Change In Law Accrued When the Law Changed, Not When Agency...

ASBCA decision denying contractor’s claim as untimely is affirmed. The contractor sought to recover costs incurred as the result of a change in federal...

Period for Determining Business’s Size is the Last Three Completed Fiscal Years—the Current Year...

Appeal of size determination finding that awardee was a small business is denied. The protester argued that for 2018 and 2019, the awardee had been economically dependent on a large business earning most of its revenues from that business. The protester contended that the Area Office had disregarded this information in finding the awardee small. […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Contractor Failed to Correct Problems in JV Agreement Despite Losing Earlier Protest on That...

OHA sustained the agency’s protest challenging the SDVOSB status of the apparent awardee, finding that the contractor had failed to correct deficiencies in its joint venture agreement that had resulted in a negative decision in a prior protest. OHA had already found the contractor’s JVA failed to address the resources or level of effort to […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Attempt to Maintain SDVOSB Status with Apparent Straw Man Veteran Collapses; In the Matter...

Appeal of an SBA decision finding that an engineering company was not an eligible SDVOSB is denied. The service-disabled veteran on whom the company’s status was based had died. The company found a new service-disabled veteran to take his place. But it appeared that his new veteran as an empty suit the company was using […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Protester Missed Deadline to Challenge SDVOSB Status; CVE Protest of Spacewave Inc., SBA No....

SBA’s Office of Hearings and Appeals upheld the dismissal of a protest challenging the awardee’s status as an SDVOSB, finding the protester had filed its challenge nearly a week after the procedural deadline. The protester failed to respond to SBA’s order to show cause why the protest should not be dismissed as untimely, and its […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.