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VA Must Follow Service Disabled Veteran Owned Small Business (SDVOSB) Statutory Prerequisites

 

Hey everyone.  I just wanted to share a recent protest that was sustained by GAO.  It is in the realm of small business set-asides. This protest is uniquely different than protests in the past that call out the “rule of two” and FAR Part 19 set-asides, which we know due to the precedent set by previous GAO protests that were denied, are not applicable to the schedule program.  The protest was for a Veterans Administration (VA) procurement for commercial supplies.  The key to this protest, and why it was sustained, is that VA has a statute (38 USC 8127(d)-which is only applicable to the VA) which requires a VA CO to follow a specific order of priority which is NOT part of FAR Part 19.  We always mention in our class that ordering agencies must follow statutes and their local polices. To see a copy of the protest: Click Here.

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