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B-400687,B-400687.2 1 (2009-01-12)

handle is hein.gao/gaobadary0001 and id is 1 raw text is: JiL AL A , GA O Comptroller General Acc untabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: DBI Waste Systems, Inc. File: B-400687; B-400687.2 Date: January 12, 2009 John M. Curran, Esq., and Michael S. Robertson, Esq., Corwin & Corwin LLP, for the protester. Edward B. Carney, Department of Veterans Affairs, for the agency. Frank Maguire, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency's publishing of notice of solicitation on government-wide point of entry was inadequate because protester lacks internet access is denied; potential offerors are on constructive notice of solicitation notice published on GPE. 2. Protest that awardee's proposal was ineligible for award because it did not acknowledge solicitation amendment is denied where record establishes that amendment was immaterial; failure to acknowledge immaterial amendment was properly waived by agency. DECISION DBI Waste Systems, Inc. (DBI), of Everett, Massachusetts, protests the award of a contract to Waste Management, Inc. (WMI) under request for proposals (RFP) No. VA-241-08-0589, issued by the Department of Veterans Affairs (VA) for refuse removal services at Boston-area VA medical facilities. DBI contends that the agency failed to provide adequate notice of the RFP and failed to acknowledge a material amendment to the RFP. We deny the protest. The solicitation, which was for refuse removal at three Boston-area VA facilities, including VA's Jamaica Plain campus, Brockton campus, and West Roxbury campus, was issued on Tuesday, September 23, 2008, and publicized on the government-wide point of entry (GPE), FedBizOpps, at approximately 3 p.m. on that day. AR, exh. 1, Contracting Officer's Statement (COS), at 2. Proposals were due by 10 a.m., Monday,

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