Courts, Boards, & GAO

Trending Now

Lost in Cyberspace: Late-Is-Late Rule Precudes Consideration of Protester’s Quarantined Proposal • Raytheon Loses Remand Fight Over Level 1 Cost Penalties, But Government Waived Right to CAS Penalties • Why Not Bidding—and Not Protesting Early—Doomed This Challenge to an Award • “I Could Have Competed” Won’t Cut It: COFC Requires Showing Contractor Could Perform Work if it Wants to Protest Solicitation Terms • Revolutionary FAR Overhaul Update: Rulemaking Phase Begins with the Issuance of Four Proposed Rules

Published on December 4, 2024 • Law

Protester: “Awardee Isn’t SDVOSB Certified.” Awardee: “You’re Right”

Antonio Guillem | Shutterstock

The protester challenged the SDVOSB status of the awardee. The protester claimed SBA website did not show the awardee was SDVOSB certified. The awardee acknowledged it was not and did not contest the protest. OHA thus sustained the protest.

VSBC Protest of United States Coast Guard, SBA No. VSBC-417-P

Protest - The protester challenged the SDVOSB status of the apparent awardee because neither SBA's Small Business Search website nor SBA Certifications website confirmed the awardee was certified as an SDVOSB.
Decision - The awardee applied for certification in January 2023, but was denied because the D/GC could not confirm the awardee's owner was a service-disabled veteran. In response to the protest, the awardee acknowledged it was not certified and had never been. It claimed it would address the matter separately with the SBA and would not contest the instant protest. Thus, OHA sustained the protest.

Robert D. Budlong of the United States Coast Guard appeared for the protester. William A. Shook of the Law Offices of William A. Shook PLLC appeared for the apparent awardee.

-- Case summary by Joshua Lim, Assistant Editor

Get daily insights on bid protests, CDA claims, and contract litigation that shape the GovCon landscape with our Protests & Claims newsletter, delivering up-to-the-minute intelligence Monday–Saturday — Subscribe here.