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 LinkedIn and Facebook did not mention his disability. OHA summarily rejected this argument, reasoning that the failure to mention a disability on personal social media platforms is not enough to sustain a protest challenging SDVOSB status.
The Department of Veterans Affairs issued a solicitation for cardiopulmonary resuscitation testing stations. The solicitation was set aside for service disabled veteran owned small businesses. The VA announced award to Beacon Associates, LLC. An unsuccessful bidder, BMK Ventures, filed a protest with the contracting officer challenging Beacon’s SDVOSB status. The CO forwarded the protest to SBA’s Office of Hearings and Appeals.
BMK contended that Beacon’s owner, Thomas Jefferson Sommerour, the person on which Beacon’s SDVOSB status was based, was not disabled, because Summerour’s social media profiles on LinkedIn and Facebook did not mention his disability. OHA rejected this argument as completely without merit. The fact that Summerour did not disclose personal information about his disability on public social media platforms is not grounds that can sustain a protest challenging SDVOSB status.
BMK also questioned whether Summerour owned and managed Beacon. BMK noted that Beacon’s website listed a Tom Summerour as an Account Manager, but not as a chief executive. OHA, however, noted that Tom Summerour was Summerour’s son. Based on Beacon’s most recent VA Form 877, it was clear that the elder Summerour was a service-disabled veteran and that he owned 100% of Beacon.
Finally, BMK alleged that Summerour did not control Beacon because he also owned another company. But OHA found that the other business was holding company. The record showed that Summerour did not devote any time to managing the holding company, and in fact spent all his time running Beacon.
BMK is represented by Peter D. Campbell, its Chief Executive Officer. Beacon is represented by Thomas Jefferson Summerour, Jr., its President and Chief Executive Officer.
