Legal Blog

Fresh Fruits and Vegetables and a Federal Bid Protest

Posted by Joseph Whitcomb on Mar 17, 2015 11:28:41 AM

How did fresh fruits and vegetables become the ingredients of a federal bid protest?

Raymond Express International, LLC, V. The United States

Pre-award federal bid protest

Plaintiff Raymond Express Int'l, LLC (REI) filed a pre-award federal bid protest on December 8, 2014 and asked the court to enter the following four questions regarding solicitation, which had been amended six times. As anecdotally, three of the amendments were the result of protest previously filed by REI at the agency and GAO level. The solicitation was for a bid to provide fresh fruit and vegetables to DoD commissaries in South Korea, Japan, and Guam. The bid protest for injunctive and declaratory relief was filed under an expedited schedule and oral argument was heard on January 26, 2015. U.S. Court of Federal Claims Court Senior Judge Lynn Bush ruled that the solicitation did not violate procurement laws or regulations and was not arbitrary or capricious and granted defendant's motion for judgment on the administrative record.

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Topics: Bid Protests, Government Procurement, bid protest, Bid Protest attorney, bid protest attorneys, bid protest lawyer, bid protest lawyers, GAO attorney, GAO bid protest, government accountability office, government contracting, government contracts attorney, government procurement law, US Court of Federal Claims

USCOFC Overturns CVE Determination Revoking SDVOSB Status

Posted by Joseph Whitcomb on Jan 13, 2015 11:57:31 AM

Should you protest a CVE determination with the U.S. Court of Federal Claims?

A negative CVE determination can be devastating to your company.  On October 10, 2014, the U.S. Court of Federal Claims granted construction company Ambuild’s summary judgment motion in its protest against the CVE and the VA’s OSBDU.  According to the case Ambuild Co. LLC v. United States, the protest began after Ambuild successfully bid on a VA issued construction project and the disappointed bidder, Welch construction, Inc., filed an SBA protest and an agency level protest with the VA OSDBU and CVE.  Welch's protest asserted that Ambuild was not controlled by a service disabled veteran and that the company did not meet SBA size standards, because of its affiliation with a larger construction company.  Interestingly, Ambuild is owned entirely by Mark DeChick, an honorably discharged and service-connected United States Marine.  CVE first certified Ambuild in 2012 and renewed its certification in March 2014.  The SBA denied Welch's protest on the grounds over which it had jurisdiction, and the CVE/OSDBU determined that Ambuild did meet size requirements and was not affiliated with the larger construction company.  However, the CVE upheld the protest on grounds unrelated to Welch's protest.  Beyond that, CVE disqualified Ambuild from the vetbiz database making them ineligible to bid on VA SDVOSB set-asides.

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Topics: Bid Protests, Government Procurement, sdvosb, Bid Protest attorney, bid protest attorneys, CVE determination, government contracts attorney, Government Contracts Law Firm, US Court of Federal Claims

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