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Veteran Set-Aside Preference Trumps Preferences for Companies Employing the Blind and Disabled

Posted on May 31st, 2017 by

On May 30, 2017, the Court of Federal Claims ruled in PDS Consultants, Inc. v. United States, et al., No. 16-1063C (May 30, 2017) that the VA set-aside preference for VOSBs and SDVOSBs under the “Rule of Two” trumps the government-wide set-aside preference under the AbilityOne Program for nonprofit agencies that employ the blind and disabled.  The Court found that “the preference for veterans is the VA’s first priority” and that “if the Rule of Two analysis does not demonstrate that there are two qualified veteran-owned small businesses willing to perform the contract, the VA is then required to use the AbilityOne List as a mandatory source.”

 

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