AAA General Contractors, LLC (36C25723R0013)

B-423842 Nov 18, 2025 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights AAA General Contractors, LLC, of El Paso, Texas, a service-disabled veteran-owned small business (SDVOSB), protests the rejection of its proposal under request for proposals (RFP) No. 36C25723R0013, issued by the Department of Veterans Affairs (VA) for the award of indefinite-delivery, indefinite-quantity contracts to provide construction and two-phase design-build services for VA medical facilities in Veterans Integrated Service Network 17, which covers portions of Texas, New Mexico, and Oklahoma. The protester contends that the VA unreasonably rejected the firm's proposal because it did not include a certification with the proposal. We deny the protest. View Decision Decision Matter of: AAA General Contractors, LLC File: B-423842 Date: November 18, 2025 Edgar Skertchly for the protester. Natica C. Neely, Esq., Department of Veterans Affairs, for the agency. Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency unreasonably rejected protester's proposal based on omission of a certification regarding compliance with a contractual limitation on subcontracting is denied where the solicitation specifically required submission of the certification with the proposal and advised that a failure to submit a certification would make the proposal ineligible for evaluation and award. DECISION AAA General Contractors, LLC, of El Paso, Texas, a service-disabled veteran-owned small business (SDVOSB), protests the rejection of its proposal under request for proposals (RFP) No. 36C25723R0013, issued by the Department of Veterans Affairs (VA) for the award of indefinite-delivery, indefinite-quantity contracts to provide construction and two-phase design-build services for VA medical facilities in Veterans Integrated Service Network 17, which covers portions of Texas, New Mexico, and Oklahoma. The protester contends that the VA unreasonably rejected the firm's proposal because it did not include a certification with the proposal. We deny the protest. BACKGROUND The VA issued the RFP on April 24, 2025, seeking proposals from SDVOSB firms to provide maintenance, repair and new construction services under orders placed over a 5-year ordering period. Up to 15 contracts would be awarded to the firms whose proposals provided the best value under a past performance-price tradeoff. Agency Report (AR), Tab 2, RFP at 95.[1] In addition to instructions about the contents of four proposal volumes that offerors were required to submit, the RFP included the clause at VA Acquisition Regulation Supplement (VAAR) 852.219-75. RFP at 156-157. Implementing the statutory requirement in 38 U.S.C. § 8127(l)(2), the clause directs offerors to include with their proposals a certification that is provided in the text of the clause. In the certification, the offeror certifies that its performance will comply with the applicable limitation on subcontracting. 48 C.F.R. § 852.219-75(a)(ii). Importantly, the text of the clause included in the RFP also provides, in relevant part, as follows: The formal certification must be completed, signed and returned with the offeror's . . . proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award. RFP at 157 (VAAR clause 852.219-75(d)). The RFP advised offerors more generally that all proposal submission requirements would be strictly enforced, that failure to comply would result in the proposal being rejected, and that the agency did not intend to conduct discussions with offerors. RFP at 96. The VA received proposals from multiple firms, including AAA, which submitted a proposal by the September 2, 2024, closing date for receipt of proposals. Memorandum of Law (MOL) at 3. On February 26, 2025, the VA issued amendment 10 to the RFP, which permitted the submission of revised proposals by March 7 and stated that all proposals “shall be good through June 2, 2025.” RFP at 52 (RFP amend. 10 cover page).[2] During the initial review of AAA's proposal, the contracting officer determined that it did not include the certification required by VAAR clause 852.219-75. The contracting officer determined that the omission rendered AAA's proposal unacceptable and notified the firm on August 15 that its proposal had been rejected on that basis. AAA immediately filed an agency-level protest, arguing that the RFP had not identified submission of the certification as a proposal requirement, and that if the certification was required, the VA should have allowed the firm an opportunity to submit the certification as a clarification of its proposal.