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B-406101,B-406101.2,B-406101.3 1 (2012-02-06)

handle is hein.gao/gaobadorq0001 and id is 1 raw text is: 




AlG             A    O                                                 Comptroller General
,!7 =   Accountability * Integrity * Reliability            of the United States
  United States Government Accountability Office
  Washington, DC 20548



           Decision


           Matter of:  Kevcon, Inc.

           File:       B-406101; B-406101.2; B-406101.3

           Date:       February 6, 2012

           William L. Bruckner, Esq., Bruckner & Walker, LLP, for the protester.
           Shaquana L. Cooper, Esq., Department of Veterans Affairs, for the agency.
           Gary R. Allen, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel,
           GAO, participated in the preparation of the decision.
           DIGEST

           Protest challenging an agency's decision to not set aside a procurement for
           service-disabled veteran-owned small businesses (SDVOSB) is denied where the
           agency concluded from its market research that it did not have a reasonable
           expectation of receiving proposals from two or more SDVOSBs capable of
           performing the required services.
           DECISION

           Kevcon, Inc., of Escondido, California, protests the terms of request for proposals
           (RFP) No. VA-1 01-11 -RP-01 82, issued by the Department of Veteran Affairs (VA)
           for construction services at the Tahoma National Cemetery in Kent, Washington.
           Kevcon, a service-disabled veteran-owned small business (SDVOSB), contends
           that the VA failed to perform sufficient market research to ascertain the interest and
           capability of SDVOSBs to perform the requirement.

           We deny the protest.

           The RFP, issued on October 18, 2011, as a small business set-aside, provided for
           the award of a fixed-price contract for various construction services at the Tahoma
           National Cemetery. Among other things, the contractor will provide services
           supporting demolition, removal of debris, and erosion control, and provide labor and
           materials for the construction of roadways, bridges, columbaria, crypts, cremains,
           memorial walls, landscaping, irrigation, and utilities. RFP at 4. The RFP identified
           North American Industry Classification System (NAICS) code 237990, Other Heavy
           and Civil Engineering Construction, as being applicable to this procurement. Id.

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