Fidelity Contract Flooring, LLC (36C26225Q0744)

B-423730 Sep 30, 2025 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Fidelity Contract Flooring, LLC, a service-disabled veteran-owned small business (SDVOSB) of Oceanside, California, challenges the agency's award of a contract to VA-TRAK, LLC, an SDVOSB of Miller, South Dakota, under request for quotations (RFQ) No. 36C26225Q0744, issued by the Department of Veteran Affairs (VA) for vinyl flooring materials. The protester contends that VA-TRAK is ineligible to receive the award because it failed to include the solicitation's North American Industry Classification System (NAICS) code in its profile located in the System for Award Management (SAM) database. We dismiss the protest in part and deny the protest in part. View Decision Decision Matter of: Fidelity Contract Flooring, LLC File: B-423730 Date: September 30, 2025 Bennett Saylor, for the protester. Natica C. Neely, Esq., Department of Veterans Affairs, for the agency. Thomas J. Warren, Esq., and Alexander O. Levine, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that awardee was ineligible for award because its System for Award Management record did not list the solicitation’s North American Industry Classification System code is denied where record shows the contracting officer reasonably determined that the awardee was eligible under the solicitation. DECISION Fidelity Contract Flooring, LLC, a service-disabled veteran-owned small business (SDVOSB) of Oceanside, California, challenges the agency’s award of a contract to VA‑TRAK, LLC, an SDVOSB of Miller, South Dakota, under request for quotations (RFQ) No. 36C26225Q0744, issued by the Department of Veteran Affairs (VA) for vinyl flooring materials. The protester contends that VA-TRAK is ineligible to receive the award because it failed to include the solicitation’s North American Industry Classification System (NAICS) code in its profile located in the System for Award Management (SAM) database. We dismiss the protest in part and deny the protest in part. BACKGROUND On April 2, 2025, the agency issued the solicitation for vinyl flooring material, equivalent to the brand Mannington Commercial, for the VA greater Los Angeles healthcare system located in Los Angeles, California. Agency Report (AR), Exh. 2, RFQ at 2.[1] The RFQ contemplated the award of a fixed-price contract using the procedures of Federal Acquisition Regulation (FAR) part 12, Acquisition of Commercial Products and Commercial Services, and FAR part 13, Simplified Acquisition Procedures. Id. As relevant to this protest, the VA set aside this procurement for eligible SDVOSB concerns pursuant to the VA Veterans First Contracting Program, 38 U.S.C. §§ 8127- 8128, as implemented in subpart 819.70 of the VA Acquisition Regulation (VAAR). RFQ at 33; Memorandum of Law (MOL) at 3. For total set-aside acquisitions under this program, solicitations were required to include VAAR clause 852.219‑73, VA Notice of Total Set-Aside for Certified [SDVOSBs].[2] See VAAR § 819.7011(a). Accordingly, the solicitation included VAAR clause 852.219-73, which provides, in relevant part, that “[i]n order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside [ ], the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 [C.F.R. §] 128.”[3] RFQ at 31. Further, the clause states that [b]y submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB[.]” Id. The solicitation also included FAR provision 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services. RFQ at 46-64. As relevant to this protest, this provision notes that by submitting a quotation in response to this RFQ: The [vendor] has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the [vendor] verifies by submission of this [quotation] that the representations and certifications currently posted electronically at FAR 52.212‑3, [ ] have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this [quotation] is submitted and are incorporated in this [quotation] by reference[.] Id. 51. Finally, the solicitation identified the NAICS code for this requirement as 326199, “All Other Plastics Product Manufacturing,” with a corresponding size standard of 750 employees. Id. at 2; MOL at 2. The protester submitted a timely quotation for $207,750 by the solicitation closing due date of April 28. MOL at 2; AR, Exh. 3, Fidelity Quotation at 2.