The VA cannot buy products or services using the AbilityOne List without first applying the “rule of two” and determining whether qualified SDVOSBs and VOSBs are available to bid.
Today’s decision of the U.S. Court of Federal Claims in PDS Consultants, Inc. v. United States, No. 16-1063C (2017) resolves–in favor of veteran-owned businesses–an important question that has been lingering since Kingdomware was decided nearly one year ago. The Court’s decision in PDS Consultants makes clear that at VA, SDVOSBs and VOSBs trump AbilityOne.
The Court’s decision involved an apparent conflict between two statutes: the Javits-Wagner-O’Day Act, or JWOD, and the Veterans Benefits, Health Care, and Information Technology Act of 2006, or VBA…
G2X TAKE: Nearly one year after the Kingdomware decision, this article highlights a recent ruling that further affirms the strong position that VOSBs now maintain. Expect to see more of these “loopholes” closed as Veteran firms challenge any action that does not adhere to the “Rule of Two”.
If you are following this closely, this recent article by FedHealthIT highlights continued activity as Veteran-owned firms work to thwart challengers who are not fans of this ruling.
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