The VA Center for Verification and Evaluation unreasonably decertified an SDVOSB based on the results of an SBA SDVOSB decision.
According to the U.S. Court of Federal Claims, it was improper for the VA to remove the SDVOSB from the VA’s database without evaluating whether the SBA’s determination was consistent with the VA’s separate SDVOSB requirements.
The SBA’s strict SDVOSB ownership rules can produce “draconian and perverse” results, but are nonetheless legal, according to a federal judge.
In a recent decision, the U.S. Court of Federal Claims condemned the SBA’s SDVOSB unconditional ownership requirements, while holding that the SBA was within its legal rights to impose those requirements on the company in question.
The Court’s decision emphasizes the important differences between the SBA and VA SDVOSB programs, because the Court held that although the company in question didn’t qualify as an SDVOSB under the SBA’s strict rules, it was eligible for VA SDVOSB verification under the VA’s separate eligibility rules.
It’s hard to believe it, but Monday is Christmas. Hopefully you will be able to enjoy some time with family and friends this weekend and maybe even get that special gift you’ve been hoping for under your tree. Before we head off into the holiday weekend, we wouldn’t think of leaving you without the SmallGovCon Week In Review.
In this edition, two defense contractors will fork over $1.4 million (and spend some time in the pokey) as a result of a procurement fraud scheme, the GAO releases a study on DoD contracts awarded to minority-owned and women-owned businesses, a contractor will pay a whopping $63.7 million to settle False Claims Act allegations, and more.
SmallGovCon Week in Review will be off next week, but we’ll be back with more government contracts news and notes in 2018. Happy holidays!
The GAO lacks jurisdiction to determine whether an offeror is a service-disabled veteran-owned small business.
In a recent bid protest decision, the GAO rejected the protester’s creative attempt to convince the GAO to take jurisdiction, and confirmed that, for non-VA acquisitions, the SBA has sole authority to determine whether an offeror is an SDVOSB.
The GAO ordinarily lacks jurisdiction to consider a protest of a task or delivery order under a DoD multiple-award contract unless the value of the order exceeds $25 million.
In a recent bid protest decision, the DoD confirmed that the 2017 National Defense Authorization Act upped the jurisdictional threshold for DoD task orders from $10 million to $25 million.
As we reach the halfway point of December, we have managed to escape any real signs of winter weather here in Lawrence. Our chances for a white Christmas may also be dwindling as the long range forecast is predicting sunny skies and zero precipitation. But I’m not complaining: bring on the sun and (relative) warmth, I say.
As the holidays approach, there’s plenty happening in the world of government contracts. So if you’re an Eggnog fan (I’m not, but perhaps it’s an acquired taste), pour yourself a tall glass, sprinkle on some cinnamon, and enjoy this edition of the SmallGovCon Week in Review. This week, the Pentagon has delayed a much-discussed January 1 deadline for contractors to meet the NIST 800-171 standards, a bribery scheme involving a contract at the Hoover Dam has led to the indictment of a longtime former official for the U.S. Bureau of Reclamation in Nevada, government contracts guru Larry Allen discusses how the recent emphasis on preventing sexual harassment may impact contractors, and much more.
Recently, there’s been a lot of discussion about the fact that the GAO bid protest “effectiveness rate” was a sky-high 47% in FY 2017.
But, somewhat under the radar, contractors did even better at the Armed Services Board of Contract Appeals. According to the ASBCA’s annual report, contractors prevailed (in whole or in part) in 57.6% of FY 2017 ASBCA decisions.