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B-406265,B-406266,B-406291,B-406291.2,B-406318.1,B-406318.2,B-406343,B-406356,B-406357,B-406369,B-406371,B-406374,B-406400,B-406404,B-406428 1 (2012-03-26)

handle is hein.gao/gaobadorg0001 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: Alternative Contracting Enterprises, LLC; Pierce First Medical

           File:       B-406265; B-406266; B-406291; B-406291.2; B-406318. 1;
                       B-406318.2; B-406343; B-406356; B-406357; B-406369; B-406371;
                       B-406374; B-406400; B-406404; B-4064281

          Date:     March 26, 2012

          Louis N. Leon-Guerrero for Alternative Contracting Enterprises, LLC; and Chet
          McLendon for Pierce First Medical, the protesters.
          Tricia A. Leminger, Esq., and Stephen Starks, Esq., Kroger, Gardis & Regas, LLP,
          for Bosma Industries for the Blind, Inc., the intervenor.
          Dennis Foley, Esq., Kevin L. Pearson, Esq., Lisa C. House, Esq., Barton B. Evans,
          Esq., Natica C. Neely, Esq., and Candice Cornish, Esq., Department of Veterans
          Affairs; and Dennis Lockard, Esq., Committee for Purchase From People Who Are
          Blind or Severely Disabled, for the agencies.
          Paula J. Haurilesko, Esq., and Guy R. Pietrovito, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Protests that the Department of Veterans Affairs violated the Veterans Benefits,
          Health Care, and Information Technology Act of 2006 (VA Act) by failing to consider
          whether procurements should be set aside for service-disabled, veteran-owned
          small business concerns before purchasing from an AbilityOne organization are
          denied, where the agency reasonably read the VA Act and the Javits-Wagner-
          O'Day Act together to avoid conflict.
          DECISION

          Alternative Contracting Enterprises, LLC (ACE), of Tucson, Arizona, and Pierce
          First Medical (PFM), of Phoenixville, Pennsylvania, protest the issuance of
          purchase orders under two basic ordering agreements (BOA) to Bosma Industries
          for the Blind, Inc., of Indianapolis, Indiana, by the Department of Veterans Affairs

          1 In this decision we have resolved all of the outstanding protests filed by the parties
          concerning these same issues.

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