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B-401723.2 1 (2010-01-21)

handle is hein.gao/gaobadbdl0001 and id is 1 raw text is: AlL A , GA O Comptroller General Accuntabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Veterans Construction of South Carolina, LLC File: B-401723.2 Date: January 21, 2010 Leonard W. Childs, Jr., Esq., for the protester. Melissa McClellan, Esq., Department of Agriculture, for the agency. Christina Sklarew, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST In a sealed bid procurement that was set aside for service-disabled veteran-owned small business concerns, the expiration of the apparent low bidder's Online Representations and Certifications Application records prior to bid opening does not render the bid nonresponsive, where the applicable representations and certifications pertain only to the bidder's status and eligibility for award, and not to the firm's commitment to provide the required services. DECISION Veterans Construction of South Carolina, LLC, of Santee, South Carolina, protests the proposed award of a contract by the Department of Agriculture, Natural Resources and Conservation Services, to the Blackmon Companies, Inc., of Smithfield, North Carolina, under invitation for bids (IFB) No. AG-4741-S-09-0001, for the removal and disposal of tornado debris. We deny the protest. The IFB, issued as a service-disabled veteran-owned small business (SDVOSB) set-aside, provided for the award of a fixed-price, services contract for the removal and disposal of tornado debris along stream channels at several sites in Williamson County, Tennessee. The solicitation included standard Federal Acquisition Regulation (FAR) clause 52.204-7, Central Contractor Registration (CCR), which informed bidders, in relevant part, that they must be registered in the CCR database prior to award, see FAR § 52.204-7(b)(1), and warned that if a bidder did not become registered in the CCR database by the time prescribed by the contracting officer, the contracting officer would proceed to award to the next otherwise successful,

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