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B-420474.2 Apr 25, 2022 1 (2022-04-25)

handle is hein.gao/gaoncl0001 and id is 1 raw text is: c A U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States Decision Matter of: Griffin Resources, LLC File: B-420474.2 Date: April 25, 2022 Christopher LaMont, Griffin Resources, LLC, for the protester. Naticia Chapman Neely, Esq., Department of Veterans Affairs, for the agency. Michael Willems, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest alleging agency is recompeting a requirement purportedly subject to ongoing litigation in a court of competent jurisdiction is dismissed where it is not clear that the protested solicitation is for the same requirement. In addition, if the protester is correct that the requirement here is the same as the requirement in litigation before the court, the protester is raising a matter for the court's review, not our Office. DECISION Griffin Resources, LLC, a service-disabled veteran-owned small business (SDVOSB) of Roseburg, Oregon, protests the terms of solicitation No. 36C24222Q0313, issued by the Department of Veterans Affairs for shred bin consoles. The protester contends that the solicitation seeks to procure the same scope of work as a previous contract that is currently the subject of litigation before the Court of Federal Claims. We dismiss the protest because the protester has not alleged a violation of procurement law or regulation. The protester alleges this solicitation for shred bins effectively duplicates the scope of a prior contract or contracts awarded to the protester. Protest at 2-6. By way of background, Griffin was previously awarded a contract for shredding and disposal services set aside for SDVOSBs. Agency Request to Dismiss at 2-5, Protest at 1-3. However, following award, the Small Business Administration's Office of Hearing and Appeals (OHA) concluded Griffin was unusually reliant on its subcontractor, and therefore was not an eligible SDVOSB for purposes of that contract. Id. On July 30, 2021, Griffin filed a complaint at the Court of Federal Claims challenging OHA's finding, B-420474.2

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