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B-415747 1 (2018-01-12)

handle is hein.gao/gaobadufo0001 and id is 1 raw text is: GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This version has been approved for public release. Matter of: Veterans Contracting Group, Inc. File: B-415747 Date: January 12, 2018 Joseph A. Whitcomb, Esq., and Andrew R. Newell, Esq., Whitcomb, Selinsky, McAuliffe, PC, for the protester. David W. Altieri, Esq., and Donald C. Mobly, Esq., Department of Veterans Affairs, for the agency. Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is dismissed where the matter involved was the subject of litigation before a court of competent jurisdiction. DECISION Veterans Contracting Group, Inc. (VCG), a small business, of Mamaroneck, New York, protests the terms of invitation for bids (IFB) No. VA242-17-B-1221, issued by the Department of Veterans Affairs (VA), for a roof replacement at the Northport VA Medical Center in Northport, New York. The protester argues that the agency unreasonably failed to consider setting aside the procurement for service-disabled veteran-owned small business (SDVOSB) concerns. VCG further challenges the agency's decision to resolicit the requirement, rather than making award to the protester based on a prior, cancelled procurement. We dismiss the protest. BACKGROUND On June 16, 2017, the VA issued IFB No. VA242-17-B-0723 for roof replacement work at the Northport VA Medical Center. Request for Dismissal, exh. No. 1, Contracting Officer's Narrative Statement, at 1. The original IFB was set-aside for SDVOSB concerns. Id. The closing date for bids was July 28. Id.

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