About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-405727 1 (2011-12-19)

handle is hein.gao/gaobadokt0001 and id is 1 raw text is: 




          G    A    O                                                 Comptroller General
LAccountability * Integrity * Reliability                             of the United States
  United States Government Accountability Office
  Washington, DC 20548



          Decision


          Matter of: Kingdomware Technologies

          File:        B-405727

          Date:        December 19, 2011

          LaTonya Barton the protester.
          Matthew V. Edwards, Esq., Department of Veterans Affairs, for the agency.
          Linda C. Glass, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          The Department of Veterans Affairs (VA) improperly used non-mandatory Federal
          Supply Schedule procedures to procure services, rather than using a set-aside for
          service-disabled veteran-owned small businesses, where the applicable statute--
          Veterans Benefits, Health Care, and Information Technology Act of 2006--and
          implementing regulations require the VA to use such set-asides where the statutory
          prerequisites are met.
          DECISION

          Kingdomware Technologies, of Waldorf, Maryland, a service-disabled veteran-owned
          small business (SDVOSB) concern, protests the corrective action taken by the
          Department of Veterans Affairs (VA) in response to the firm's protest of the terms of
          request for quotations (RFQ) No. VA-261-11-RQ-1514 for subscription and support
          services at the VA San Francisco Medical Center. The protester asserts that the VA
          improperly failed to comply with applicable statutes and regulations to determine
          whether the procurement should be set aside for SDVOSB concerns.

          We sustain the protest.

          BACKGROUND

          The RFQ, issued on September 13, 2011, sought quotations by September 15 for a
          brand name (LiveProcess Enterprise) subscription and support services for a 1-year
          term. On September 15, Kingdomware protested to our Office, arguing that the RFQ
          was improperly restricted to the brand name because the protester provided similar
          subscription services. The protester also argued that the VA failed to conduct proper

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most