COFC Concludes VA Required to Conduct Rule of Two Analysis Before Buying Through AbilityOne Program; COFC No. 16-1063C, PDS Consultants, Inc. v. United States

Protest challenging the Department of Veterans Affairs’ purchases through the AbilityOne program is sustained, where the Supreme Court’s decision in Kingdomware established that VA must conduct a Rule of Two analysis for all procurements before considering any other source; where the requirements of the Veterans Benefits Act apply regardless of when an item was added to the AbilityOne list; and where Congress eliminated language excepting AbilityOne purchases from the Rule of Two requirement when it updated the VBA.