SDVOSB Start-Ups Continue to Face Obstacles to CVE Verification

Several years ago, we argued that VA’s rule, requiring a veteran to devote herself full time to an SDVOSB during normal working hours, unnecessarily handicapped SDVOSB start-ups seeking CVE verification. This same requirement–though now in a slightly different form–continues to impede new businesses from obtaining verification, a key credential for many SDVOSBs. Beyond that, CVE’s application of the managerial experience requirement also poses a potential hurdle for incipient SDVOSBs.

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GAO: VA Rule of Two Doesn’t Apply if Pricing Isn’t Reasonable

GAO recently gave its blessing to a VA decision not to follow the Rule of Two, despite knowing several SDVOSBs would bid. The VA’s decision was based on the contracting officer’s opinion that prices would not be fair and reasonable based on an evaluation of prices and market research.

The decision is important for providing some clarification on what research a contracting officer must undertake to establish that prices will not be fair and reasonable for purposes of the Rule of Two.

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SmallGovCon Week In Review: September 2 – September 6, 2019

College football is back. In Lawrence, that means we got to see what the Mad Hatter could do his first time on the field coaching at KU. As one writer put it, having a new coach makes “people pay at least temporary attention to Kansas football.” I hope the attention lasts a while.

For those needing a break from football, or who always take a break from football, there are some interesting stories from the government contracting gridiron the past week. These include a former U.S. Army colonel sentenced to five years in federal prison for accepting bribes from a a business fraudulently claiming small business status, the ever-growing demand for federal cloud services, and a contractor owning up to overbilling the government for $2.6 million.

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GAO: We’re Not Wrong, But Our Original Recommendation Was Not Right

Whenever GAO issues a bid protest decision, some parties are happier than others. In limited circumstances, however, an unhappy party may petition GAO to reconsider its decision if the outcome was based on errors of either fact or law. It is extremely rare for GAO to reverse itself during a reconsideration request.

That may explain why in a recent reconsideration decision, GAO maintains that its decision was correct based on the facts presented to it, but GAO nevertheless modified its recommendations substantially in the face of new facts.

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