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B-310454 1 (2007-12-19)

handle is hein.gao/gaocrptaujz0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: KAR Contracting, LLC File: B-310454; B-310537 Date: December 19, 2007 Kenneth A. Reynolds, KAR Contracting, LLC; and Dwight J. Staples, Esq., and Gail Henderson-Staples, Esq., Henderson, Henderson & Staples, for the protester. Phillipa L. Anderson, Esq., Kenneth MacKenzie, Esq., and Charlma Quarles, Esq., Department of Veterans Affairs, for the agency. Paul N. Wengert, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protests challenging an agency's decision that the protester is ineligible for the award of two construction projects are denied where the agency reasonably concluded that these awards would create the appearance of an impropriety because of the protester's founder's role in both projects while a government employee, including serving as the contracting officer's technical representative, and participating in the preparation of construction drawings. DECISION KAR Contracting, LLC protests the rejection of its bids under two solicitations to perform construction work at the Department of Veterans Affairs (VA) Medical Center in Huntington, West Virginia. One bid was submitted in response to invitation for bids (IFB) No. VA-249-07-IB-0085, for replacement of the roof on Building One at the VA's Huntington Medical Center; the second was submitted in response to IFB No. VA-249-07-IB-0107, for work on the Center's water reservoir and pump house. These protests involve a single issue--whether the VA's contracting officer (CO) reasonably rejected two bids submitted by a recently retired employee of the VA Medical Center. For these bids--as opposed to two other bids where the protester received awards--the CO concluded that the former employee's involvement with the same projects during his government service was too significant to permit award to his newly-formed company without creating the appearance of an impropriety. For the reasons set forth below, we agree. We deny the protests.

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