An incumbent contractor performing VA CVE SDVOSB verification functions was ineligible to be be re-awarded an order for those services because of an unmitigated organizational conflict of interest.
In a recent decision, the U.S. Court of Federal Claims upheld the VA’s decision to cancel the award to the incumbent contractor and exclude that contractor from the follow-on order.
The Court’s decision in Monterey Consultants, Inc. v. United States, No. 14-1164C (2015) involved a VA RFQ for CVE support functions. Those functions included supporting the CVE’s SDVOSB and VOSB verification processing.
The verification functions in question had been performed by Monterey Consultants, Inc. under a VA BPA. Under its BPA, Monterey did work under a variety of call orders, including processing and verification services for CVE. Monterey also provided support for the VA OSDBU’s acquisition efforts.
The RFQ included a specific section covering OCIs. In relevant part, that section stated that “Contractors performing on other contracts in support of Verification shall be presumed to have an OCI with respect to this contract and are ineligible to quote on this requirement, due to the integrated nature of work perform[ed] under this solicitation and existing contracts.”
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