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B-408304,B-408304.2 1 (2013-08-05)

handle is hein.gao/gaobadpri0001 and id is 1 raw text is: G A Comptroller General c ity * Integrity * Rellability 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. L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - i Decision Matter of: DBI Waste Systems, Inc. File: B-408304; B-408304.2 Date: August 5, 2013 John Curran, Esq., and David M. Biele, Esq., Corwin & Corwin LLP, for the protester. Joseph M. Goldstein, Esq., and Andrew Schwartz, Esq., Shutts & Bowen LLP, for Conquistador Services, LLC, an intervenor. Jeanne S. Morris, Esq., Department of Veterans Affairs, for the agency. Pedro E. Briones, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest alleging that awardee's quotation violates applicable limitation on subcontracting is denied where the quotation does not show, on its face, that the awardee will not comply with the limitation. 2. In evaluating vendor without relevant past performance, an agency may consider proposed subcontractor's past performance unless prohibited by solicitation. DECISION DBI Waste Systems, Inc., of Everett, Massachusetts, protests the issuance of a blanket purchase agreement (BPA) to Conquistador Services, LLC, of Phillipsburg, New Jersey, under request for quotations (RFQ) No. VA241-13-Q-0498, issued by the Department of Veterans Affairs (VA) for recycling and trash removal services at the VA Medical Center (VAMC) in Bedford, Massachusetts. DBI maintains that the awardee's quotation was unacceptable because it exceeded the RFQ's limitation on subcontracting and failed to provide relevant past performance information. We deny the protest. BACKGROUND The RFQ was set aside for service-disabled, veteran-owned small business (SDVOSB) concerns and included the VA Acquisition Regulation's (VAAR) limitation

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