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B-406507 1 (2012-05-30)

handle is hein.gao/gaobadova0001 and id is 1 raw text is: A G A 0 Comptroller General WIENAccountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Kingdomware Technologies File: B-406507 Date: May 30, 2012 LaTonya Barton, Kingdomware Technologies, for the protester. Dennis Foley, Esq., Department of Veterans Affairs, for the agency. Cherie J. Owen, Esq., Glenn G. Wolcott, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST The Department of Veterans Affairs improperly used non-mandatory Federal Supply Schedule procedures to procure services, rather than using a set-aside for service- disabled veteran-owned small business (SDVOSB) concerns, and improperly awarding a contract to a non-SDVOSB concern. DECISION Kingdomware Technologies of Waldorf, Maryland, a service-disabled veteran-owned small business (SDVOSB) concern, protests the Department of Veterans Affairs (VA) award of contract No. VA-245-12-F-0622 to Everbridge, Inc. to provide employee emergency notification services.' Kingdomware asserts that the agency failed to comply with the requirements of the Veterans Benefits, Health Care, and Information Technology Act of 2006, 38 U.S.C. §§ 8127-8128 (2006) (the VA Act), and its implementing regulations, with regard to setting aside procurements for SDVOSB (or veteran-owned small business (VOSB)) concerns. We sustain the protest. This procurement was conducted pursuant to General Services Administration Federal Supply Schedule (FSS) procedures, set forth at Federal Acquisition ' The protester contends that no solicitation number was issued because the agency did not advertise the requirement prior to making the award. Protest at 4. The agency has not disputed this assertion.

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