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B-405654 1 (2011-11-28)

handle is hein.gao/gaobadojp0001 and id is 1 raw text is: A G A 0 Comptroller General , n Accountability - Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: MICCI Imaging Construction Company, Inc. File: B-405654 Date: November 28, 2011 James E. Krause, Esq., for the protester. Rebecca L. Tranthem, Esq., Department of Veterans Affairs, for the agency. Paula J. Haurilesko, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST In a Department of Veterans Affairs (VA) procurement that was set aside for service-disabled, veteran-owned small business concerns, the protester is not an interested party to maintain its protest where the VA denied the protester's application for inclusion in VA's VetBiz Vendor Information Pages database, notwithstanding the firm's pending request to the VA for reconsideration. DECISION MICCI Imaging Construction Company, Inc., of Gainesville, Florida, protests the award of a contract to Seawolf Construction Corporation, of Jersey City, New Jersey, under request for proposals (RFP) No. VA248-11-RP-0201 issued by the Department of Veterans Affairs (VA) for phase II of a parking garage expansion. MICCI argues that the VA improperly rejected its proposal because it was not listed in the VA's database of veteran-owned small business concerns. We dismiss the protest. BACKGROUND The Veterans Benefits, Health Care, and Information Technology Act of 2006, Pub. Law No. 109-461, provides the VA with independent authority to restrict competition to service-disabled, veteran-owned small business (SDVOSB) concerns under certain circumstances. 38 U.S.C. § 8127(d). In this regard, 38 U.S.C. § 8127(e) states that a small business concern may be awarded a contract only if the small business concern and the veteran owner of the small business concern are listed in a database of veteran-owned small business (VOSB) concerns, which the Act requires the

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