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B-417772.2 Jul 31, 2020 1 (2020-07-31)

handle is hein.gao/gaolnx0001 and id is 1 raw text is: GAiOU.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to Decision a GAO Protective Order. This version has been approved for public release. Matter of: Freedom Contracting Group File: B-417772.2 Date: July 31, 2020 John M. Manfredonia, Esq., Manfredonia Law Offices, LLC, for the protester. Susan M. Chagrin, Esq., Department of Veterans Affairs, for the agency. Paula A. Williams, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency's decision to resolicit its requirements, taken in response to a size determination by the Small Business Administration--rather than amending the solicitation and requesting revised proposals--is denied where the agency's decision was reasonably based on its determination that the solicitation no longer reflected the agency's needs. DECISION Freedom Contracting Group (Freedom Contracting), located in New Hudson, Michigan, protests the actions taken by the Department of Veterans Affairs (VA) in response to a size determination by the Small Business Administration (SBA) that MGC Services a Joint Venture, LLC (MGC), located in Lutz, Florida, was other than small under request for proposal (RFP) No. 36C10F-19-R-0010, for design bid build construction and maintenance services. Freedom Contracting contends that the VA's announced intention to resolicit the requirement, rather than to amend the solicitation and request revised proposals, was an unreasonable response to the SBA's size determination. The protester also contends that the agency violated Federal Acquisition Regulation (FAR) 15.503(a)(2) by failing to provide the protester a pre-award notice of the agency's intent to make award to MGC. We deny the protest. BACKGROUND The RFP, which the VA issued on May 31, 2019, and subsequently amended five times, sought proposals for phase II of the VA's graveside expansion and cemetery

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