Cases & Deals

Value-Added Communications defeats size protest appeal before Small Business Administration related to bid for Homeland Security Department telephone system contract

Clients Value-Added Communications, Inc.

Jones Day successfully represented Value-Added Communications, Inc. (VAC) in defeating a size protest appeal action by Public Communications Services, Inc. (PCS) before the Small Business Administration's Office of Hearings and Appeals (OHA). The appeal, filed by PCS on May 13, 2008, sought to overturn the decision of the Small Business Administration's Area Office finding that VAC qualified as a small business and was eligible to compete for the award of a multi-year contract to operate the Department of Homeland Security's (Immigration and Customs Enforcement Unit) inmate telephone system. Jones Day argued, through several rounds of briefing, that VAC would perform the primary and vital requirements of the contract and was not affiliated with its proposed subcontractor under the "ostensible subcontractor" rule applicable to small business determinations. The OHA agreed with Jones Day's arguments, finding in favor of our client and ruling that all of PCS's allegations were without merit.

Size Appeal of Public Communications Services, Inc., SBA No. SIZ-5008 (2008)