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B-415064.3 1 (2018-06-21)

handle is hein.gao/gaobaduwz0001 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 ....................................................................................................................... DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to Decision a GAO Protective Order. This redacted version has been approved for public release. Matter of: Veterans Electric, LLC File: B-415064.3 Date: June 21, 2018 Joseph A. Whitcomb, Esq., Whitcomb, Selinsky, McAuliffe, PC, for the protester. Donald C. Mobly, Esq., and Brian R. Reed, Esq., Department of Veterans Affairs, for the agency. Stephanie B. Magnell, Esq., and Amy B. Pereira, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protester's request for a recommendation that it be reimbursed its costs of filing and pursuing its protest is granted, where the record shows that the agency unduly delayed taking corrective action in the face of a clearly meritorious protest. 2. Protester's request for a recommendation that it be reimbursed its costs of bid preparation is denied, where the agency had a compelling reason to cancel the procurement after bids were opened. DECISION Veterans Electric, LLC, of Colgate, Wisconsin, a service-disabled veteran-owned small business (SDVOSB), requests that we recommend that it be reimbursed its bid preparation costs and the reasonable costs of filing and pursuing its protest of the terms of invitation for bids (IFB) No. VA-69D-17-B-0319, which was issued by the Department of Veterans Affairs (VA) for the removal and replacement of obsolete fire alarm devices at the Jesse Brown VA Medical Center in Chicago, Illinois. In its protest, Veterans Electric contended that the IFB contained a sole-source parts requirement that, in effect, prevented bidders from complying with the IFB's limitation on subcontracting provision. We dismissed the protest after the VA advised our Office that it would take corrective action by cancelling the solicitation, amending its terms, and re-issuing the procurement. Veterans Electric argues that its protest was clearly meritorious and that the agency unduly delayed taking corrective action, such that it should be reimbursed for its protest costs, including reasonable attorneys' fees, and bid preparation costs.

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