Barewallsinbaltimore

The VA seems to be split in it's interpretation of it's interpretation of "Cascading Authority" 1 interpretation is that it doesn't explicitly give authority in 38 U.S.C. so 13 CFRs prohibition applies to the VA. The other interpretation is that 38 U.S.C. does give authority. 13 CFR was written because tiered evaluation of offers inhibits competition and the SBA promotes competition. 38 U.S.C. Requires the VA to restrict competition to SDVOSB/VOSBS when the rule of two can be applied. I'm not sure 13CFR would apply, but I don't know who the authority would be. I was told OMB was the driver behind removing tiered evaluations from regulations but it would be nice if there was a list stating which agencies do have authority to conduct tiered evaluations. I think they could be very useful in the case of the VA. If the contracting officer has a reasonable expectation that two or more SDVOSBs will make an awardable offer they would set-aside the procurement. If no offers were received or an award couldn't be made at a fair and reasonable price the set-aside would have to be dissolved and then potentially re-set-aside to VOSBs and so on and so forth until an award could be made to a SB concern or otherwise. If the tiered evaluation was structured properly it would save a lot of administrative burden to the contracting officers.