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B-401663.4 1 (2010-04-19)

handle is hein.gao/gaobadixn0001 and id is 1 raw text is: A 0 Comptroller General Accountability * 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. Decision Matter of: J2A JV, LLC File: B-401663.4 Date: April 19, 2010 Antonio R. Franco, Esq., and Steven J. Koprince, Esq., PilieroMazza PLLC, for the protester. William A. Shook, Esq., Shook Doran Koehl LLP, for Specialized Veterans, LLC, an intervenor. Peter S. Kraemer, Esq., Department of Veterans Affairs, for the agency. Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that awardee does not meet solicitation's definitive responsibility criterion requiring at least 5 years experience as a general contractor is sustained where record demonstrates that general contractor does not have the requisite experience, and solicitation language may not reasonably be interpreted as permitting use of a subcontractor's experience to satisfy the requirement. DECISION J2A2JV, LLC, of Tampa, Florida, protests the award of a contract to Specialized Veterans, LLC, of West Point, Georgia, under request for proposals (RFP) No. VA-101-09-RP-0101, issued by the Department of Veterans Affairs for construction services at Sarasota National Cemetery in Sarasota, Florida. The protester contends that Specialized's proposal should have been rejected for failure to comply with certain solicitation requirements pertaining to experience. We sustain the protest. The RFP, which was set aside for service-disabled veteran-owned small businesses, sought a contractor to perform a range of construction services, including excavation, grading, landscaping, irrigation, mechanical and electrical work, and installation of pre-placed crypts. The solicitation provided for award to the offeror submitting the lowest priced technically acceptable proposal. To be determined technically acceptable overall, a proposal had to be technically acceptable under

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