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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 | 3 min read | 07.23.26

Protester Beware: Recent GAO Decision Suggests Traditional “Reasonable Possibility” Prejudice Standard May Be Evolving

It is well established that “[c]ompetitive prejudice is an essential element of every viable protest.” Yet, for decades, the U.S. Government Accountability Office (GAO) has tempered this requirement with two critical corollaries: protesters need only demonstrate a “reasonable possibility” that they were prejudiced by an agency’s actions, and GAO “will resolve doubts regarding prejudice in favor of the protester.” These principles have been consistent features of GAO’s bid protest jurisprudence for more than 30 years. See, e.g., United Int’l Eng'g, Inc., B-245448, Jan. 29, 1992, 71 CPD ¶ 177....