Veterans Affairs gets 3-month pause in T4NG2 protest case
gettyimages.com/ Wasan Tita
By
Nick Wakeman
The Court of Federal Claims gives the department more time to re-evaluate awards for the potential $61 billion IT vehicle with a report back due in early 2025.
The U.S. Court of Federal Claims has given the Veterans Affairs Department a three-month pause in the protest case involving the T4NG2 contract vehicle.
A total of 29 companies filed protests at the court after VA did not choose them for an award on the 10-year, $61 billion vehicle called Transformation Twenty-one Total Technology Next Generation 2.
VA made 30 award for the department's go-to IT solutions and services contract vehicle.
The protests have flowed since VA made awards, first at the Government Accountability Office before moving to the courts in March 2024. In October, the the court ruled which objections could move forward and which could not.
Judge Molly Silfen allowed the challenges involving small business evaluations, veteran employment and relevant experience to continue. The judge dismissed protest grounds involving the number of awards VA made and how joint ventures could be treated as service-disabled, veteran owned businesses.
After the court rejected VA’s attempt to dismiss all the protests, the agency requested a 120-day pause to reconsider its evaluation and award decisions. In legal terms, the department asked the judge to remand the case back to VA.
Fourteen of the 29 protesters did not oppose the VA request and seven did not take a position.
But eight protesters opposed the request. Of this group, only King Street Technology Partners and General Dynamics IT filed their written opposition with the court.
According to Silfen’s ruling, GDIT and King Street argued that VA failed to give a substantial reason for the stay and remand.
Both companies wanted VA to commit to a particular course of action in asking for the pause. They also argued that there was a need for finality, which outweighed VA’s argument for the remand.
The court rejected those arguments and ruled that VA has the power to reconsider its decisions. Stifen said VA gave enough information on its intent, particularly when you consider the large number of protesters.
Silfen also wrote that even if the protesters were to prevail, her decision would be to remand the case back to VA to reconsider its awards.
“The same remedy the government requests now,” she wrote.
In granting VA’s request for the remand, Silfen set a Jan. 6 deadline for a status report.
She also wants a status report five days after the remand ends in early February. In the final report, companies will state whether they believe more litigation is needed.