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B-405187 1 (2011-08-29)

handle is hein.gao/gaobadbya0001 and id is 1 raw text is: 



L         G     A    O                                                    Comptroller General
        Accountability * Integrity * Reliability                           of the United States
United States Government Accountability Office  DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                                  The decision issued on the date below was subject to a
                                                      GAO Protective Order. No party requested redactions;
                                                      we are therefore releasing the decision in its entirety.

          Decision

          Matter of:   Vetsummit,  LLC

          File:        B-405187

          Date:        August  29, 2011

          Peter D. Brosse, Esq., and Sarah M. Duffy, Esq., Meyers, Roman, Friedberg &
          Lewis, for the protester.
          Lisa Marie Clark, Esq., Department of Veterans Affairs; and Kenneth Dodds, Esq.,
          U.S. Small Business Administration, for the agencies.
          Paul N. Wengert, Esq., and Sharon  L. Larkin, Esq., Office of the General Counsel,
          GAO,  participated in the preparation of the decision.
          DIGEST

          Protest that agency improperly rejected protester's bid is denied where agency
          referred concerns over the protester's responsibility to the Small Business
          Administration (SBA), which declined to issue a certificate of competency, and
          where  the protester's claim that the SBA had failed to consider vital information
          bearing on the protester's responsibility lacked merit.
          DECISION

          Vetsummit,  LLC, of Chesterland, Ohio, a small business, protests the award of a
          contract to JJW Construction, LLC, of Powell, Ohio, by the Department of Veterans
          Affairs (VA) under invitation for bids (lFB) No. VA-250-1 0-IB-01 66 for construction
          services to renovate the surgical intensive care unit (SICU) at the Louis Stokes
          Cleveland VA  Medical Center, Wade  Park Campus,  in Cleveland, Ohio. Vetsummit
          argues  that it submitted the lowest-priced bid, but that the VA rejected the bid after
          unreasonably  concluding that Vetsummit was not responsible and was not an
          eligible service-disabled veteran-owned small business (SDVOSB) concern  under
          the set-aside terms of the IFB.

          We  deny the protest.

          BACKGROUND

          The  VA issued the IFB on June 25, 2010, seeking bids to perform specified
          renovations of the SICU. The IFB was  set aside for SDVOSB  concerns and required
          that bidders be verified for ownership and control and . . . listed in the Vendor

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