Statute A tells you to solve Problem X one way. Statute B tells you solve Problem X a completely different way. How to reconcile these two conflicting mandates? The Federal Circuit encountered this exact problem in 2018, and in response to its holding, the VA has now issued a class deviation to reflect its decision, confirming that the Rule of Two has priority over the AbilityOne Procurement List.Continue reading
As anyone in the federal contracting line of work knows, deadlines come at you fast and hard. In a recent GAO decision, GAO refused to relax the timeliness rules associated with protests of solicitation requirements, even where that left the contractor with very little time to protest.Continue reading
Just like one word answers don’t work with your mom (who you should call this Sunday!), one sentence CVE Appeals don’t usually work for OHA. In one recent case, Secure2ware, Inc., SBA No. CVE-111 (Apr. 18, 2019), OHA provided reminders about what CVE Database appeals must include.Continue reading
Like my alarm clock ringing on Monday mornings, GAO recently reminded protestors that protests based on pre-solicitation notices are just too early.
In F-Star Zaragosa Port, LLC; F-Star Socorro Holding, LLC, B-417414, et al. (Comp. Gen. Apr. 15, 2019), GAO dismissed protests based on pre-solicitation notices as premature.Continue reading
Evaluation and selection of an offeror for award of an “Other Transactional Agreement,” or “OTA,” are significantly more flexible than a traditional procurement under the FAR. This was at issue recently in GAO case MD Helicopters Inc., B-417379 (Comp. Gen. Apr. 4, 2019), where GAO clarified that it does not have jurisdiction to hear protests regarding OTA award decisions.Continue reading
For service-disabled veteran owned small businesses, or SDVOSBs, contracting with the VA, verification by the VA’s Center for Verification and Evaluation, or CVE, is essential. CVE verification is mandatory to compete for VA SDVOSB set-asides and listing on the VA’s Vendor Information Pages (VIP).
The SBA Office of Hearings and Appeals recently confirmed that notice and opportunity to respond to allegations is required before a business’ verification is cancelled.Continue reading