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GAO-13-162SP 1 (2012-11-13)

handle is hein.gao/gaobadpdl0001 and id is 1 raw text is: I G ApGAO ,iAccountabilty * Integrity * Reliability United States Government Accountability Office Washington, DC 20548 B-1 58766 November 13, 2012 Congressional Committees: This letter responds to the requirements of the Competition in Contracting Act of 1984, 31 U.S.C. § 3554(e)(2) (2006), that the Comptroller General report to Congress each instance in which a federal agency did not fully implement a recommendation made by our Office in connection with a bid protest decided the prior fiscal year. By letter dated March 30, 2012, a copy of which is enclosed, we reported three such occurrences involving the Department of Veterans Affairs (VA), Kingdomware Technologies, B-405727, Dec. 19, 2011, 2011 CPD T 283, Aldevra, B-406205, Mar. 14, 2012, 2012 CPD 112, and Crosstown Courier Service, Inc., B-406262, Mar. 21, 2012, 2012 CPD 119. As explained in the March 30 letter, we sustained the protests finding that the VA's use of General Services Administration Federal Supply Schedule (FSS) procedures, without first considering whether two or more service-disabled veteran-owned small business (SDVOSB) or veteran-owned small business (VOSB) concerns were capable of meeting the agency's requirements at a reasonable price, was contrary to the Veterans Benefits, Health Care, and Information Technology Act of 2006, 38 U.S.C. §§ 8127-8128 (2006). Subsequent to the three occurrences noted above, 15 protests were filed by Aldevra and Kingdomware Technologies, raising the same issue reported in our March 30 letter. We sustained these protests as well, essentially repeating our analysis from our prior decisions addressing the issue. In each instance, the VA has declined to implement our recommendation. We have included an attachment identifying our decisions resolving these 15 additional protests, all of which are publicly available on GAO's website, If we sustain similar protests in fiscal year 2013, we will notify the Congress at the end of the year We also understand that the issue raised by these cases is currently pending at the U.S. Court of Federal Claims. During the 2012 fiscal year, we received 2,339 protests, 47 cost claimns, and 89 requests for reconsideration, for a total of 2,475 cases Of the 2339 protests filed 209 are attributable to GAO's bid protest jurisdiction over task orders° We closed 2,495 cases during the fiscal year: 2371 protests, 40 cost claims, and 84 requests for reconsideration.

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