About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-406092 1 (2012-01-24)

handle is hein.gao/gaobadomo0001 and id is 1 raw text is: G A O0 Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: 3D Contracting, Inc./Western States Construction JV File: B-406092 Date: January 24, 2012 Bruce P. Babbitt, Esq., Jameson Babbitt Stites & Lombard, PLLC, for the protester. William L. Bruckner, Esq., Bruckner & Walker, LLP, for Kevcon, Inc., the intervenor. David G. Fagan, 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 Protest that the Department of Veterans Affairs failed to notify the protester to apply for verification as a service-disabled, veteran-owned small business (SDVOSB) concern for listing on the agency's database is dismissed because the matter falls within the agency's sole authority to determine SDVOSB status. DECISION 3D Contracting, Inc./Western States Construction JV, of Castle Rock, Washington, protests the award of a contract to Kevcon, Inc., of Escondido, California, under invitation for bids (IFB) No. VA-260-1 1 -lB-1 124 issued by the Department of Veterans Affairs (VA) for construction services. 3D/Western argues that the VA improperly rejected its bid because it was not listed in the VA's database of veteran-owned small business concerns. We dismiss the protest. 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) (2006 & Supp. 2011). 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 Secretary of Veterans Affairs to maintain. The Secretary is required to verify that each small business concern listed in the

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:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most