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B-406372 1 (2012-05-09)

handle is hein.gao/gaobadous0001 and id is 1 raw text is: 



I      QA                                                                 Comptroller General
        Accountability * Integrity * Reliability                           of the United States
United States Government Accountability Office        DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                                   The decision issued on the date below was subject to
                                                       a GAO Protective Order. This redacted version has
                                                       been approved for public release.
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          Decision

          Matter of:   Tipton Textile Rental, Inc.

          File:        B-406372

          Date:        May 9, 2012

          Cynthia Malyszek, Esq., Malyszek & Malyszek, for the protester.
          John W. Gannan, II, Esq., Department of Veterans Affairs, for the agency.
          Paul N. Wengert, Esq., Glenn G. Wolcott, Esq., and Sharon L. Larkin, Esq., Office of
          the General Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          1. Protest that agency misevaluated awardee's quotation is sustained where
          solicitation required a barrier wall to achieve physical separation of soiled linens from
          cleaned linens, and awardee's quotation failed to comply with this requirement.

          2. Under small business set-aside, contracting officer must have representation
          from the awardee of its status as a small business, and therefore, award of contract
          to a vendor whose quotation represented that the firm is not a small business
          concern is improper notwithstanding contracting officer's belief that vendor was
          confused by layout of small business representation and contracting officer's
          retrieval of a central contractor registry listing for a firm having a slightly different
          name, in which that firm was described as a small business.

          3. Protest that agency misevaluated protester's quotation as unacceptable is
          sustained where agency initiated discussions by its inquiries to protester by
          telephone and during subsequent site visit by evaluators, but the agency based its
          evaluation only on the firm's original quotation, without considering the protester's
          responses to the agency's inquiries.
          DECISION

          Tipton Textile Rental, Inc., of Cape Girardeau, Missouri, a small business, protests
          the award of a contract to Linen King L.L.C., of Bixby, Oklahoma, by the Department
          of Veterans Affairs (VA) under request for quotations (RFQ) No. VA255-12-Q-0125
          for linens supply and commercial laundry service at two VA medical centers in
          St. Louis, Missouri. Tipton argues that the VA improperly accepted the awardee's
          quotation notwithstanding its failure to meet the solicitation requirements, improperly
          rejected Tipton's quotation as unacceptable, and conducted improper discussions.

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