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B-407367 1 (2012-12-12)

handle is hein.gao/gaobadpgi0001 and id is 1 raw text is: 



   ~GAO
Ir,     AccoaI ntbilty  intgrlty , ReiiabiIty
  United States Government Accountability Office
  Washington, DC 20548



           Decision


Matter of:

File:

Date:


Comptroller General
of the United States


   DOCUMENT FOR PUBLIC RELEASE
 The decision issued on the date below was subject to
 a GAO Protective Order. This redacted version has
 been approved for public release.
L .................................................................................................................


Swank Healthcare

B-407367

December 12, 2012


William M. Weisberg, Esq., and Liana W. Yung, Esq., Bryan Cave LLP, for the
protester.
Jo Spence, Esq., Department of Veterans Affairs, for the agency.
Paula J. Haurilesko, 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 small business set-aside decision under a
procurement conducted pursuant to the Federal Supply Schedule procedures of
Federal Acquisition Regulation Subpart 8.4 is denied where the protester does not
show that the agency violated any law or regulation.
DECISION

Swank Healthcare, of St. Louis, Missouri, protests the terms of request for
quotations (RFQ) No. VA777-12-Q-0257, issued by the Department of Veterans
Affairs (VA) for commercial off-the-shelf online courses. Swank, a large business
concern, complains that the RFQ should not have been set aside for small
businesses.

We deny the protest.

BACKGROUND

The RFQ, issued under the Federal Supply Schedule (FSS) procedures of Federal
Acquisition Regulation (FAR) Subpart 8.4 as a small business set-side, sought a
minimum of 500 commercial off-the-shelf clinical online courses for 100,000
Veterans Health Administration healthcare providers and staff covering multiple

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