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B-417834 1 (2019-09-04)

handle is hein.gao/gaobadzzw0001 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:  Alphapointe

File:        B-417834

Date:       September 4, 2019

Dana Pashkoff, Esq., and Jessica Abrahams, Esq., Drinker Biddle & Reath, LLP, for the
protester.
Aron C. Beezley, Esq., Patrick R. Quigley, Esq., Lisa A. Markman, Esq., and Sarah S.
Osborne, Esq., Bradley Arant Boult Cummings LLP, for Quality Innovation, Inc., the
intervenor.
Natica Chapman Neely, Esq., Department of Veterans Affairs, for the agency.
Young H. Cho, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Protest challenging award of contract to a service-disabled veteran-owned small
business (SDVOSB) concern is dismissed as an untimely challenge to the agency's
decision to issue the solicitation as a total SDVOSB set-aside where: (1) the protester
alleges that the agency failed to conduct a Rule of Two analysis in accordance with
the Veterans Benefits, Health Care, and Information Technology Act of 2006, 38 U.S.C.
§§ 8127-8128, and (2) the protest was filed after closing of the solicitation.
DECISION

Alphapointe, of Kansas City, Missouri, protests the award of a contract to Quality
Innovation, Inc., a service-disabled veteran-owned small business (SDVOSB) concern
of Austin, Texas, under solicitation No. 36C-25519-Q-00004, issued by the Department
of Veteran Affairs (VA), for switchboard telephone operator services for the Kansas City
VA Medical Center. The protester argues that the award of the contract to a SDVOSB
was improper because the agency failed to conduct a Rule of Two analysis to
determine where there are two or more qualified SDVOSBs capable of performing the
work under the contract in accordance with the Veterans Benefits, Health Care, and

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