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B-401427 1 (2009-09-01)

handle is hein.gao/gaobadbes0001 and id is 1 raw text is: iL G A O Comptroller General fi.7!7 Accountabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: CES Industries, Inc. File: B-401427 Date: September 1, 2009 Mitchell B. Nesenoff for the protester. Rebecca L. Tranthem, Esq., Department of Veterans Affairs, for the agency. Paula A. Williams, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency improperly failed to make sole-source award to a service- disabled veteran-owned small business concern and impermissibly competed the acquisition on an unrestricted basis is dismissed where the protest was filed after award. 2. Protest alleging bias against protester and favoritism toward awardee is denied where record fails to support the protester's allegations. DECISION CES Industries, Inc. (CES) of Farmingdale, New York, protests the award of a contract by the Department of Veterans Affairs (VA) to Arjo Huntleigh, Inc. (Arjo) of Addison, Illinois, under request for quotations (RFQ) No. VA-248-09-RQ-0322, for a contractor to provide and install commercially-available safe patient handling device monitoring systems. CES, which has a teaming agreement with a service-disabled veteran, essentially asserts that the VA improperly conducted the procurement on an unrestricted basis rather than make award to CES as a service-disabled veteran- owned small business (SDVOSB) concern. 'The purpose of the automated tracking system is to systematically record the frequency, date, and start/stop time for each actual use of three types of patient handling equipment--ceiling mounted patient lifts, floor based patient lifts, and air assisted lateral transfer devices. RFQ at 8.

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