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B-299054 1 (2007-01-29)

handle is hein.gao/gaocrptaucu0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Continental Staffing, Inc. File: B-299054 Date: January 29, 2007 Gilbert J. Ginsburg, Esq., for the protester. James H. Roberts, III, Esq., and Carrol H. Kinsey, Jr., Esq., Van Scoyoc Kelly, for TriStar Imaging, LLC, an intervenor. Phillipa L. Anderson, Esq., and Dennis Foley, Esq., Department of Veterans Affairs, for the agency. John W. Klein, Esq., and Kenneth W. Dodds, Esq., for the Small Business Administration. Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protester's contention that solicitation's cascading set-aside clause violates certain set-aside provisions in the Federal Acquisition Regulation is untimely when first raised after award; the alleged solicitation impropriety was clear from the face of the solicitation, and the protester was required, under our Bid Protest Regulations, to raise this issue prior to the time set for the submission of offers. 2. Contention by protester, a service-disabled veteran-owned small business (SDVOSB), that, under terms of the solicitation's cascading set-aside clause, agency should have made award in the SDVOSB tier is denied where agency reasonably decided that the condition for making award at that tier--receipt of adequate competition among SDVOSB firms--had not been met given that four of the five proposals submitted by SDVOSBs were found unacceptable for taking exception to the solicitation's limitations on subcontracting clause. DECISION Continental Staffing, Inc. protests the award of a contract to TriStar Imaging, LLC by the Department of Veterans Affairs (VA) pursuant to solicitation for offers (SFO) No. 693-06-0014, issued to procure off-site radiology readings, to include film and CAT scans, during weekday hours for the VA Medical Center in Wilkes Barre, Pennsylvania. The SFO here used what the VA terms a cascade set-aside

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