SBA Office of Hearings and Appeals Deems Fully Executed Government Lease Void Ab Initio – Significance and Implications
GSA Leasing & Federal Real Estate Partner Gordon Griffin published a LexisNexis Practical Guidance® article about his recent representation of Blue Cord DevGroup LLC in a successful CVE status protest before the U.S. Small Business Administration's Office of Hearings and Appeals (OHA). In the case, Blue Cord protested a set-aside lease awarded by the U.S. Department of Veterans Affairs (VA), and the OHA determined the company in question was not an eligible Service-Disabled Veteran-Owned Small Business (SDVOSB). As a result of the decision, the lease was deemed void ab initio, and the VA removed the company from its database of eligible, veteran-owned businesses. In this article, Mr. Gordon explains how the VA awards leases to businesses and how a CVE protest works as well as describes the issues at play in his own protest. He also discusses the long-term implications of the ruling.