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B-421680 Jul 24, 2023 1 (2023-07-24)

handle is hein.gao/gaooyo0001 and id is 1 raw text is: 



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




Decision


Matter of:   Daniels Building Company, Inc.

File:        B-421680

Date:       July 24, 2023

Marcus  R. Sanborn, Esq., Blevins Sanborn Jezdimir Zack PLC, for the protester.
Samuel  S. Finnerty, Esq., Peter B. Ford, Esq., and Daniel J. Figuenick, Esq., Piliero
Mazza  PLLC, for CAVU-Roncelli Construction JV-10 LLC, the intervenor.
Deborah  K. Morrell, Esq., Department of Veterans Affairs, for the agency.
Anh-Thi H. Le, and Evan D. Wesser, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Protest alleging that the awardee's bid should have been rejected as nonresponsive
because  it failed to include a valid signature on a material certification is denied where
the record shows that the agency reasonably concluded that the certification was signed
and the signature was both discrete and verifiable.
DECISION

Daniels Building Company, Inc. (Daniels), a small business of Farmington Hills,
Michigan, protests the award of a contract to CAVU-Roncelli Construction JV-10 LLC
(CAVU-Roncelli), a small business of Bloomfield Hills, Michigan, by the Department of
Veteran Affairs (VA), under invitation for bids (IFB) No. 36C25023B0003 for the addition
of emergency power to the Ann Arbor Michigan VA Medical Center (VAMC) central
chiller plant. The protester alleges that the awardee's bid should have been rejected for
failing to comply with the solicitation's requirement to provide a signed limitation on
subcontracting certificate.

We  deny the protest.

BACKGROUND

On January 5, 2023, the agency issued the IFB as a set-aside for service-disabled
veteran-owned small businesses for the addition of emergency power to the Ann Arbor
Michigan VAMC  central chiller plant. See Contracting Officer's (CO) Statement of Facts
(COS)  (June 5, 2023) at 2; IFB at 6. The IFB contemplated the award of a fixed-price

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