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B-402573 1 (2010-06-04)

handle is hein.gao/gaobadbif0001 and id is 1 raw text is: 


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A     -   G     A   O                                                    Comptroller General
f~.n! 7 Accountabiity * Integrity * Reliability                          of the United States
  United States Government Accountability Office        DOCUMENT   FOR  PUBLIC RELEASE
  Washington, DC 20548
                                                       The decision issued on the date below was subject to a
                                                       GAO Protective Order. This redacted version has been
                                                       approved for public release.
           D  e c is io  n                            ...........................................................


           Matter  of:  Combined  Effort, Inc.

           File:        B-402573

           Date:       June  4, 2010


           Holly A. Roth, Esq., Manatt, Phelps & Phillips, LLP, for the protester.
           William L. Bruckner, Esq., Bruckner & Walker, LLP, for the intervenor.
           Phillipa L. Anderson, Esq., Peter S. Kraemer, Esq., and Charlma Quarles, Esq.,
           Department  of Veterans Affairs; Kenneth W. Dodds, Esq., Small Business
           Administration, for the agencies.
           Eric M. Ransom, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
           GAO, participated in the preparation of the decision.
           DIGEST

           Although the Small Business Administration (SBA) has since changed its
           interpretation of the applicable regulation, contracting agency--consistent with SBA's
           interpretation of its regulations at the time this award was to be made--properly
           rejected protester's offer under a solicitation set aside for service-disabled veteran-
           owned  small business concerns (SDVOSBC)  where SBA  had determined that the
           protester did not qualify as an SDVOSBC with regard to another solicitation, and this
           determination remained in effect at the time the agency rejected the offer.
           DECISION

           Combined  Effort, Inc. (CEI) of Jamestown, California, protests the rejection of its
           proposal under request for proposals (RFP) No. VA-101-10-RP-0013, issued by the
           Department  of Veterans Affairs (VA), Office of Construction and Facilities
           Management,  for general construction and other services at the Fort Rosecrans
           National Cemetery in San Diego, California.


We  deny the protest.

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