Veterans Contracting Group, Inc.

B-415747 Jan 12, 2018 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Veterans Contracting Group, Inc. (VCG), a small business, of Mamaroneck, New York, protests the terms of invitation for bids (IFB) No. VA242-17-B-1221, issued by the Department of Veterans Affairs (VA), for a roof replacement at the Northport VA Medical Center in Northport, New York. The protester argues that the agency unreasonably failed to consider setting aside the procurement for service-disabled veteran-owned small business (SDVOSB) concerns. VCG further challenges the agency's decision to resolicit the requirement, rather than making award to the protester based on a prior, cancelled procurement. We dismiss the protest. We dismiss the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This version has been approved for public release. Decision Matter of:  Veterans Contracting Group, Inc. File:  B-415747 Date:  January 12, 2018 Joseph A. Whitcomb, Esq., and Andrew R. Newell, Esq., Whitcomb, Selinsky, McAuliffe, PC, for the protester. David W. Altieri, Esq., and Donald C. Mobly, Esq., Department of Veterans Affairs, for the agency. Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is dismissed where the matter involved was the subject of litigation before a court of competent jurisdiction. DECISION Veterans Contracting Group, Inc. (VCG), a small business, of Mamaroneck, New York, protests the terms of invitation for bids (IFB) No. VA242-17-B-1221, issued by the Department of Veterans Affairs (VA), for a roof replacement at the Northport VA Medical Center in Northport, New York.  The protester argues that the agency unreasonably failed to consider setting aside the procurement for service-disabled veteran-owned small business (SDVOSB) concerns.  VCG further challenges the agency's decision to resolicit the requirement, rather than making award to the protester based on a prior, cancelled procurement. We dismiss the protest. BACKGROUND On June 16, 2017, the VA issued IFB No. VA242-17-B-0723 for roof replacement work at the Northport VA Medical Center.  Request for Dismissal, exh. No. 1, Contracting Officer's Narrative Statement, at 1.  The original IFB was set-aside for SDVOSB concerns.  Id.  The closing date for bids was July 28.  Id. On July 18, the Small Business Administration (SBA) sustained a size appeal challenging VCG's SDVOSB eligibility that was filed by a disappointed offeror on an unrelated procurement.  See Veterans Contracting Grp., Inc. v. United States, 133 Fed. Cl. 613, 617 (2017).  As a result of SBA's determination that VCG did not satisfy the SDVOSB eligibility requirements, the VA Center for Verification and Evaluation (CVE) notified VCG on July 21 that the firm would be removed from the agency's Vendor Information Pages (VIP) database, thus making the firm ineligible for participation in the SDVOSB program.  Id.  On July 28, VCG filed a bid protest with the United States Court of Federal Claims challenging the VA's decision to remove it from the VIP database and the underlying determination by SBA that the firm was ineligible to compete as a SDVOSB.  Id. Meanwhile, VCG and three other firms submitted bids in response to the roofing IFB by the July 28 deadline.  Request for Dismissal, exh. No. 1, Contracting Officer's Narrative Statement, at 1.  The contracting officer determined that two of the four bids, including the bid submitted by VCG, were ineligible for award because the firms were not certified SDVOSBs in the VIP database.  Id.  The agency then evaluated the two responsive bids and determined that the bids, which significantly exceeded the independent government estimate and funds budgeted by the agency for the project, were unreasonably high.  Id., exh. No. 3, Contracting Officer's Determinations & Findings Memo. (Aug. 11, 2017), at 1.  As a result, the agency decided to cancel the original IFB and re-solicit the requirement.  Id. at 2.  VCG subsequently amended its complaint before the Court of Federal Claims to protest the cancellation of the IFB.  See Veterans Contracting Grp., Inc. v. United States, No. 17-1015C (Fed. Cl. Dec. 15, 2017), at 2. On August 22, the Court of Federal Claims issued a preliminary injunction directing the VA to restore VCG to the VIP database of approved SDVOSB concerns pending resolution of the protester's request for a permanent injunction.  Veterans Contracting Grp., Inc., 133 Fed. Cl. at 624.  On October 30, the VA issued the IFB at issue, No. VA242-17-B-1221, for the identical roof replacement work as a small business set-aside.  Request for Dismissal, Exh. No.