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B-415411 1 (2018-01-03)

handle is hein.gao/gaobadugy0001 and id is 1 raw text is: 



GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                Comptroller General
Washington, DC 20548                                           of the United States




Decision


Matter of: Office Design Group

File:       B-415411

Date:       January 3, 2018

Joseph A. Whitcomb, Esq., Whitcomb, Selinsky, McAuliffe, PC, for the protester.
Frank V. DiNicola, Esq., and Tobias D. Hunziker, Esq., Department of Veterans Affairs,
for the agency.
Gabriel D. Soil, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

1. Protest is timely when filed within 10 days of resolution of an agency-level protest
and raises the same issue.

2. Protest alleging an ambiguity in a solicitation is sustained where the removal of a
mandatory contract clause created two reasonable interpretations concerning whether
the procurement was set aside for competition among service-disabled veteran-owned
small businesses.
DECISION

Office Design Group (ODG), a service-disabled veteran-owned small business
(SDVOSB) concern of Irvine, California, protests the terms of request for proposals
(RFP) No. VA701-17-R-0094, issued by the Department of Veterans Affairs (VA) for
furniture and installation-related services at the VA's Puget Sound Mental Health and
Research Building in Seattle, Washington. The protester alleges that an amendment to
the RFP created an ambiguity and that the time given to respond to the solicitation was
unreasonably short.

We sustain the protest.

BACKGROUND

On July 13, 2017, the VA posted a pre-solicitation notice to the FedBizOps website
notifying prospective offerors of its intent to solicit the required items and services as a
total SDVOSB set-aside. Agency Report (AR), Tab 9, VA701-17-R-00942 pre-

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