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B-412428 1 (2016-02-09)

handle is hein.gao/gaobadrwn0001 and id is 1 raw text is: G A O Comptroller General ! Accountablity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Gaver Industries, Inc., dba Barker & Barker Paving File: B-412428 Date: February 9, 2016 Christian M. Perrucci, Esq., and Deepak Sharma, Esq., Florio Perrucci Steinhardt & Fader, LLC, for the protester. Jennifer L. Hedge, Esq., Department of Veterans Affairs, for the agency. Louis A. Chiarella, Esq., and Nora K. Adkins, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging contracting officer's affirmative determination of responsibility is dismissed where the assertion on which the protest is based does not constitute the type of allegation that triggers Government Accountability Office (GAO) review of affirmative responsibility determinations under GAO's Bid Protest Regulations. 2. Protest challenging bid as nonresponsive is dismissed where the nonconformance alleged by the protester was not a requirement of the solicitation. DECISION Gaver Industries, Inc., dba Barker & Barker Paving, of Bethlehem, Pennsylvania, protests the award of a contract to aEONRG, LLC, of Downingtown, Pennsylvania, under invitation for bids (IFB) No. VA244-15-B-1277, issued by the Department of Veterans Affairs (VA) for asphalt paving repairs at the Lebanon VA Medical Center (VAMC), Lebanon, Pennsylvania. Gaver argues that the agency's evaluation of aEONRG's responsibility, as well as the responsiveness of the awardee's bid, were improper. We dismiss the protest. BACKGROUND The IFB, issued on August 25, 2015, as a service-disabled, veteran-owned, small business (SDVOSB) set-aside, contemplated the award of a fixed-price contract for the paving repair of the front drive and various parking lots at the Lebanon VAMC.

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