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CFC Judge Sides with VA in Preference Dispute over FSS Buys

Client Alert | less than 1 min read | 12.07.12

In Kingdomware Techs., Inc. v. U.S., Judge Firestone of the Court of Federal Claims ruled that the Veterans Benefits Act of 2006, which requires VA to determine whether it can reasonably set aside its acquisitions for Service Disabled Veteran Owned Small Businesses or Veteran Owned Small Businesses, does not apply to purchases from the Federal Supply Schedule. Before this ruling, VA had continued to defy GAO, which had ruled the opposite in a number of protests, and the same issue is currently before at least one other CFC judge.


Insights

Client Alert | 2 min read | 12.19.25

GAO Cautions Agencies—Over-Redact at Your Own Peril

Bid protest practitioners in recent years have witnessed agencies’ increasing efforts to limit the production of documents and information in response to Government Accountability Office (GAO) bid protests—often will little pushback from GAO. This practice has underscored the notable difference in the scope of bid protest records before GAO versus the Court of Federal Claims. However, in Tiger Natural Gas, Inc., B-423744, Dec. 10, 2025, 2025 CPD ¶ __, GAO made clear that there are limits to the scope of redactions, and GAO will sustain a protest where there is insufficient evidence that the agency’s actions were reasonable....