Link: GAO Opinion
Agency: Department of Veterans Affairs
Disposition: Protest sustained.
1. Protest that the Department of Veterans Affairs is required to expedite its review of an apparent successful offeror’s application for status verification as a service-disabled, veteran-owned small business concern is denied, where the solicitation did not provide for such an expedited process.
2. In a task order procurement that was set aside for service-disabled, veteran-owned small business concerns, the procuring agency may properly require a firm to demonstrate that it remains a verified service-disabled, veteran-owned small business concern.
General Counsel P.C. Highlight:
Ironclad argues that its application for inclusion in the Vendor Information Pages (VIP) database as a service-disabled, veteran-owned small business (SDVOSB) should have received expedited review in accordance with the deviation to VA Acquisition Regulation (VAAR) § 804.1102.
GAO states that because the deviation was not included in the solicitation, the deviation does not apply to the procurement at issue, and Ironclad is not eligible for any expedited review provided for by the deviation. To the extent that Ironclad complains that the VAAR § 804.1102 deviation should have been in the task order RFP, Ironclad’s complaint is untimely. Under the Bid Protest Regulations, a protest of alleged improprieties in a solicitation that are apparent prior to the closing time for receipt of initial proposals must be filed before that time.
Ironclad also argues that it was in fact listed on the VetBiz web site and was therefore eligible for award. GAO states that The VetBiz web page on which Ironclad relies does not indicate that the firm has been listed in the VIP database, but rather merely informs companies of the status of the CVE’s review of their verification applications. The protest is denied.