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B-405940 1 (2012-01-12)

handle is hein.gao/gaobadolv0001 and id is 1 raw text is: 




          G     A    0                                                 Comptroller General
LAccountability * Integrity * Reliability                               of the United States
  United States Government Accountability Office
  Washington, DC 20548



          Decision


          Matter of: Veterans Contracting Group, Inc.

          File:        B-405940

          Date:        January 12, 2012

          Ronald V. Montano, for the protester.
          Mark Machiedo, Esq., Department of Veterans Affairs, for the agency.
          Noah B. Bleicher, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Protest that agency unreasonably rejected protester's bid for not meeting solicitation
          requirements is sustained, where invitation for bids did not restrict bids to specific
          types of chillers or refrigerants and record does not support that agency reasonably
          considered protester's bid.
          DECISION

          Veterans Contracting Group, Inc. (VCG), of Mamaroneck, New York, protests the
          rejection of its bid and the award of a contract to Regiment Construction Corp., of
          Elizabeth, New Jersey, under invitation for bids (IFB) No. VA-243-1 1-1B-0284, issued
          by the Department of Veterans Affairs (VA), to replace a chiller at the VA's New York
          Harbor Medical Center. VCG contends that the agency improperly rejected its bid.

          We sustain the protest.

          BACKGROUND

          The VA published the IFB on August 16, 2011, as a total set-aside for service-disabled
          veteran-owned small businesses. Contracting Officer's Statement at 1; Agency
          Report (AR), Tab 17, IFB, at 6. The IFB contemplated the award of a contract to
          replace an existing chiller with a new 1,200 ton water cooled refrigerant chiller and
          related mechanical, electrical, and architectural work, with one year of service and
          maintenance for the chiller. Id. at 7. The IFB included 384 pages of specifications
          and drawings detailing various aspects of the chiller replacement project. See AR,
          exh. 6, Specifications; AR, exh. 7, Drawings, at 1-14. With regard to the chiller
          specifically, the IFB's specifications stated:

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