Once again the GAO determines that the Rule of Two trumps the federal Supply Schedule when it comes to setting aside procurements for Veteran owned companies at the Department of Veterans Affairs!
In Aldevera, B-406205, Mar. 14, 2012, CPD ¶ 112, the GAO held that if two or more Veteran Owned or Service Disabled Veteran Owned could meet the requirements of a procurement at a reasonable price through market research, the procurement had to be set aside under the Veterans Benefits, Health Care, and Information Technology Act of 2006, 38 U.S.C. §§ 8127-8128 (2006) (the VA Act).
In the instant case, Aldevera II and III, B-406331, B-406391, Apr. 20, 2012, the GAO again sustain protests when the Department of Veterans Affairs again issued unrestricted Requests for Proposals under GSA Schedules without first ascertaining if two or more VOSB or SDVOSB small businesses could meet the requirements of a procurement at a reasonable price through market research. The GAO concluded that the VA Act required the Agency first make a determination whether the acquisitions in question be set aside for Veteran owned small businesses prior to conducting the procurements using the Federal Supply Schedules. They also recommended reimbursing the protestor for the costs of filing the pursuing the protests. 4 CFR § 21.8(d)(1).
Government Contract Attorney