Veterans4You, Inc.

B-417340,B-417340.2 Jun 03, 2019 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Veterans4You, Inc. (V4Y), of Fort Lauderdale, Florida, protests the terms of invitation for bids (IFB) No. 19-00138/011992, issued by the Government Publishing Office (GPO) to acquire, on behalf of the Department of Veterans Affairs (VA), a quantity of suicide prevention gun locks. V4Y argues that the solicitation improperly fails to give preference to service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs). We sustain the protest. View Decision Decision Matter of:  Veterans4You, Inc. File:  B-417340; B-417340.2 Date:  June 3, 2019 Sarah Reida, Esq., Legal Meets Practical, LLC, for the protester. Craig D. Barrett, Esq., for the Government Publishing Office; and Steven Devine, Esq. Department of Veterans Affairs, for the agencies. Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging terms of solicitation issued by Government Publishing Office to acquire suicide prevention gun locks on behalf of the Department of Veterans Affairs that fails to implement the requirements of the Veterans Benefits, Health Care, and Information Technology Act of 2006 is sustained where record shows that acquisition is being conducted without regard to that Act’s requirements relating to reserving contracting opportunities for service-disabled veteran-owned small businesses or veteran-owned small businesses. DECISION Veterans4You, Inc. (V4Y), of Fort Lauderdale, Florida, protests the terms of invitation for bids (IFB) No. 19-00138/011992, issued by the Government Publishing Office (GPO) to acquire, on behalf of the Department of Veterans Affairs (VA), a quantity of suicide prevention gun locks.  V4Y argues that the solicitation improperly fails to give preference to service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs).  We sustain the protest. The solicitation is for the acquisition of a quantity of suicide prevention gun locks to be distributed by the VA through a program known as the Veterans Crisis Line.[1]  Essentially, the gun locks are comprised of a cable and key-activated padlock mechanism that can be used on virtually any handgun, rifle, or shotgun to prevent rounds from being chambered, magazines from loading and engaging, or cylinders on guns from moving.  In addition to the mechanism itself, the IFB requires the padlock portion of the device to have a vinyl coating imprinted with the Veterans Crisis Line logo and contact information; a wrap-around sticker that is to be affixed to the cable portion of the device that also has the Veterans Crisis Line logo and contact information; and a wallet card that has the Veterans Crisis Line logo and contact information, as well as information identifying signs of suicide risk.  IFB at 3, 9-11. Because this acquisition was designated by the VA as a printing requirement rather than as an acquisition of suicide prevention gun locks, the VA sent a requisition to the GPO requesting that GPO acquire the gun locks on behalf of the VA.  Agency Report (AR) exh. 8, Printing and Binding Requisition.  GPO, in turn, issued the IFB on what GPO describes as a competitive basis pursuant to the provisions of GPO’s distinct acquisition authority to provide and procure printing services on behalf of the government.  44 U.S.C. §§ 501-502; see also GPO Publication 305.3 (rev. 4-14) Printing Procurement Regulations (PPR). DISCUSSION V4Y argues that the VA, through the GPO, improperly is acquiring the suicide prevention gun locks without consideration of the requirements of the Veterans Benefits, Health Care, and Information Technology Act of 2006 (the VBA) 38 U.S.C. §§ 8127-8128.  That act requires VA to reserve acquisitions for SDVOSBs or VOSBs where the VA determines that there is a reasonable expectation that two or more eligible concerns will submit offers, and that award can be made at a fair and reasonable price that offers the best value to the government.  31 U.S.C. § 8127(d).  V4Y argues that this statute imposes a requirement for VA to determine whether there are two or more concerns (SDVOSBs or VOSBs) that can meet the agency’s needs for suicide prevention gun locks.[2] Both the VA and the GPO argue that the requirements of the VBA--to set the acquisition aside for SDVOSBs or VOSBs should the VA determine that two or more eligible concerns can meet the agency’s needs at a fair and reasonable price--are inapplicable to the subject acquisition because the requirement is being fulfilled under GPO’s independent acquisition authority, 44 U.S.C. §§ 501-502.  According to both agencies, where printing services are being acquired, agencies such as the VA are required by statute to meet those requirements through GPO.  44 U.S.C.