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B-402163 1 (2010-01-21)

handle is hein.gao/gaobadbdp0001 and id is 1 raw text is: Ii .L A GA O Comptroller General f. A Accountabity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Apex Limited, Inc. File: B-402163 Date: January 21, 2010 Emelio Gonzales for the protester. Tracy Downing, Esq., Department of Veterans Affairs, for the agency. Eric M. Ransom, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest of sole-source award to a service-disabled veteran-owned small business by the Department of Veterans Affairs is denied where the award was properly made under the authority of the statutory Veterans First Contracting Program. DECISION Apex Limited, Inc., of San Antonio, Texas, protests the sole-source award of contract No. VA791-P-0077 to American Veteran Contracting Services (AVCS), a service- disabled veteran-owned small business (SDVOSB), by the Department of Veterans Affairs (VA) for grounds maintenance services at the Fort Sam Houston National Cemetery. We deny the protest. Apex Limited was awarded the prior contract for this requirement on July 12, 2007. That contract's period of performance consisted of a base year through September 30, 2007, with two one-year option periods. The agency exercised both options under that contract, and Apex Limited performed the requirement until the contract's expiration on September 30, 2009. Shortly before the expiration of Apex Limited's contract, on September 24, the VA awarded the follow-on contract for the requirement to AVCS on a sole-source basis. Apex Limited argues that this sole- source award was in violation of certain provisions of Federal Acquisition Regulation (FAR) Subpart 19.14. The FAR provisions cited by the protester are inapplicable to the award challenged here. FAR Subpart 19.14 applies to the Service-Disabled Veteran-Owned Small

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