Supreme Court declines to hear VA Rule of Two challenge

The U.S. Supreme Court declined to hear a case Monday that could have upended the Rule of Two’s priority over the AbilityOne program for U.S. Department of Veterans Affairs’ procurements.

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VA Updates, Expands, and Clarifies Its Verification Assistance Briefs

The VA and SBA have numerous regulations defining the eligibility requirements for participation in the veteran-owned and service-disabled veteran-owned small business programs. To help laypersons better understand these regulatory hurdles the VA publishes Verification Assistance Briefs. These “are resources to assist applicants in obtaining VA Verification for the Veterans First Contracting Program” and understand SBA’s ownership and control criteria. The VA recently updated all of its existing Briefs and added some new ones. Read on for an overview of the 26 Briefs and a more detailed look at some of the more notable ones.

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VA Simplifies SDVOSB Reverification Process

A happy Veterans Day to all veterans and their families as we remember what you’ve done for our country. And there’s good reason for veteran business owners in particular to be happy. The Department of Veteran Affairs has recently made it easier to stay verified as a veteran-owned or service-disabled veteran-veteran owned small business.

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GAO Reminds Contractors to Update All Profiles After a Name Change or Risk Bid Rejection

Many businesses go through name changes and rebranding throughout their growth as a company. But if you’re a government contractor, a business name change requires added updates that, if not done correctly and promptly, can affect the business’s ability to win a contract. GAO’s recent decision hammered home just how important it is to make sure your contractor profiles are updated if you want to win contracts.

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Blindsided: AbilityOne Contractor Loses Work to SDVOSB, Has Protest Dismissed

As recently as May, the Department of Veterans Affairs told a nonprofit helping to employ blind workers that it intended to renew its contract. The organization was shocked, therefore, when on July 30, the VA issued a notice of award to a service-disabled veteran-owned small business. To make matters worse, the nonprofit’s GAO protest of the award was promptly dismissed for being untimely.

What the heck happened?

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SCOTUS Declines to Limit Agency Power

In a unanimous decision that read like a 5-4 vote, the Supreme Court handed down its decision in Kisor v. Wilke this week. All nine justices agreed that the case should be remanded to the lower court, but they expressed dramatically different reasoning.

What it means, essentially, is that for now courts will continue to defer to agencies’ reasonable interpretation of their own regulations. For contractors facing off against agencies, it means that the agencies still have the upper hand—however, SCOTUS did try to limit it some.

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VA CVE, Under New Rules, Closely Examining Franchise and Similar Agreements

Government contractors seeking to be certified through the Vets First Verification Program under the VA’s Center for Verification and Evaluation have to submit a number of documents. We’ve recently been hearing that CVE is taking a closer look at some of these documents, and this is in line with VA’s recent rule change expanding its list of required documents for verification.

Specifically, CVE will examine franchise agreements and similar documents like distributor agreements. Depending on the language in those agreements, this could lead to a denial of CVE verification. Because of that, we offer a reminder of CVE’s position on these types of agreements, which seems to still be quite strict in spite of regulatory changes implemented last fall.

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