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B-407268 1 (2012-11-28)

handle is hein.gao/gaobadpeq0001 and id is 1 raw text is: 



IS      G    A      0Comptroller General
              ~ty * Integrity * Rel lability                          of the United States
United States Government Accountability Office
Washington, DC 20548



          Decision


          Matter of:  Patriot Construction, Inc.

          File:       B-407268

          Date:       November 28, 2012

          Christopher Cotta for the protester.
          Kate Gorney, Esq., Department of Veterans Affairs, for the agency.
          Paul N. Wengert, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Protest that agency improperly awarded construction contract to firm whose state
          contractor's license had been suspended is denied because possession of state
          license is a matter of responsibility, and therefore awardee was properly allowed to
          rectify its license status after proposal due date and did so promptly.
          DECISION

          Patriot Construction, Inc., of Stockton, California, a small business, protests the
          award of a contract to K.O.O. Construction, Inc., of Sacramento, California, under
          request for proposals (RFP) No. VA261-12-R-0055, issued by the Department of
          Veterans Affairs (VA), for storm drain expansion at the VA Palo Alto Health Care
          System, Menlo Park Division, in California. Patriot argues that the VA failed to reject
          K.O.O.'s proposal because the firm's contractor license was suspended at the time
          of both proposal submission and award.

          We deny the protest.

          BACKGROUND

          On May 14, 2012, the VA issued the RFP, seeking proposals from verified
          service-disabled veteran-owned small business concerns (SDVOSB) to perform a
          storm drain expansion project. The RFP provided that award would be made to the
          firm that submitted the lowest priced, technically-acceptable proposal. RFP at 1.

          The RFP specified six evaluation factors: prime contractor's project experience,
          project personnel experience, technical/management approach, past performance,

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