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B-405771 1 (2011-12-29)

handle is hein.gao/gaobadolg0001 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: Commandeer Construction Company LLC File: B-405771 Date: December 29, 2011 Audra J. Zarlenga, Esq., and Kyle G. Baker, Esq., Thompson Hine LLP, for the protester. Lisa Marie Clark, Esq., Department of Veterans Affairs, for the agency. Paul E. Jordan, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest alleging that agency improperly rejected protester's bid in violation of a solicitation clause is sustained where the clause contained a latent ambiguity, the protester reasonably concluded that the clause at issue allowed for an expedited verification review of the apparently successful offeror's status for inclusion in the Department of Veterans Affairs Vendor Information Pages database of eligible service-disabled veteran-owned small business concerns, and the protester had no basis to be aware of the agency's contrary interpretation of the clause. DECISION Commandeer Construction Company LLC (CCC), of Twinsburg, Ohio, protests the rejection of its bid under Department of Veterans Affairs (VA) invitation for bids (IFB) No. VA-250-11-IB-0191, issued as a set-aside for service-disabled veteran-owned small businesses (SDVOSB), for renovation of an existing medical facility in Chillicothe, Ohio. CCC asserts that the VA improperly rejected its bid on the basis that the firm was not listed as an SDVOSB in the agency's Vendor Information Pages (VIP). We sustain the protest. BACKGROUND The Veterans Benefits, Health Care, and Information Technology Act of 2006, Pub. L. No. 109-461, provides the VA with independent authority to restrict competition to SDVOSB concerns under certain circumstances. 38 U.S.C. § 8127(d)

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