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B-414532.3 1 (2017-09-21)

handle is hein.gao/gaobadtvm0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States Decision Matter of: The Povolny Group File: B-414532.3 Date: September 21, 2017 James M. Povolny, for the protester. Donald C. Mobly, Esq., and Natica Chapman Neely, Esq., Department of Veterans Affairs, for the agency. Elizabeth Witwer, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency's corrective action and new award decision is dismissed as untimely because it was filed more than 10 calendar days after the protester knew, or should have known, of the basis for its protest. DECISION The Povolny Group (Povolny), a service-disabled veteran-owned small business (SDVOSB), of West St. Paul, Minnesota, protests the award of a contract to Winspear Construction, LLC (Winspear), an SDVOSB, of Boise, Idaho, under request for proposals (RFP) No. VA260-16-R-0926, issued by the Department of Veterans Affairs (VA) for renovation and expansion of the parking structure at the Boise Veterans Affairs Medical Center in Boise, Idaho. The protester alleges that, in awarding the contract to Winspear, the agency improperly relied upon the Certificate of Competency issued by the Small Business Administration (SBA) finding Winspear responsible for the subject procurement. We dismiss the protest as untimely. BACKGROUND On November 10, 2016, the agency issued the solicitation as a set-aside for SDVOSBs. RFP at 1, 8. The solicitation contemplated the award of a fixed-price contract for the renovation and expansion of the parking structure at the Boise Veterans Affairs Medical Center in Boise, Idaho. Id. The solicitation provided for award to the offeror submitting the lowest-priced, technically acceptable proposal. Id. at 12. To be technically

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