AAA General Contractors, LLC--Reconsideration

B-423842.7 Mar 06, 2026 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights AAA General Contractors, LLC, a service-disabled veteran-owned small business of El Paso, Texas, requests that we reconsider our decision in AAA General Contractors LLC, B-423842, Nov. 18, 2025. In that decision, we denied the protester's challenge to the Department of Veterans Affairs' (VA) rejection of AAA's proposal because AAA failed to submit the certification required by the clause at VA Acquisition Regulation Supplement (VAAR) 852.219-75, which was included in request for proposals (RFP) No. 36C25723R0013. In its protest, AAA argued that the solicitation's instructions did not specify the certification required by VAAR clause 852.219-75 and asserted that its proposal's omission of the certification was a minor or clerical error that should have been resolved through clarifications. We denied the protest because AAA failed to submit the required certification, which rendered its proposal ineligible for award under the terms of the RFP. The requester acknowledges that our decision found that the RFP included VAAR clause 852.219-75 and that the agency rejected AAA's proposal for failing to satisfy this material solicitation requirement. The requester nevertheless contends that our decision overlooked or declined to address multiple critical issues of fact and law raised in the protest. We dismiss the request for reconsideration. View Decision Decision Matter of: AAA General Contractors, LLC--Reconsideration File: B-423842.7 Date: March 6, 2026 Edgar Skertchly for the requester. 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 Request for reconsideration is dismissed where the requester repeats prior arguments and has not shown that our prior decision contained either errors of fact or law or information not previously considered that warrants reversal or modification of the decision. DECISION AAA General Contractors, LLC, a service-disabled veteran-owned small business of El Paso, Texas, requests that we reconsider our decision in AAA General Contractors LLC, B-423842, Nov. 18, 2025. In that decision, we denied the protester's challenge to the Department of Veterans Affairs' (VA) rejection of AAA's proposal because AAA failed to submit the certification required by the clause at VA Acquisition Regulation Supplement (VAAR) 852.219‑75, which was included in request for proposals (RFP) No. 36C25723R0013. In its protest, AAA argued that the solicitation's instructions did not specify the certification required by VAAR clause 852.219-75 and asserted that its proposal's omission of the certification was a minor or clerical error that should have been resolved through clarifications. We denied the protest because AAA failed to submit the required certification, which rendered its proposal ineligible for award under the terms of the RFP. The requester acknowledges that our decision found that the RFP included VAAR clause 852.219-75 and that the agency rejected AAA's proposal for failing to satisfy this material solicitation requirement. The requester nevertheless contends that our decision overlooked or declined to address multiple critical issues of fact and law raised in the protest. We dismiss the request for reconsideration. BACKGROUND The VA issued the RFP on April 24, 2024, seeking proposals for a multiple-award indefinite-delivery, indefinite-quantity (IDIQ) contract to provide maintenance, repair and new construction services at VA medical facilities under orders placed over a 5‑year ordering period. Agency Report (AR), Exh. 2, RFP at 95.[1] As relevant here, the RFP included VAAR clause 852.219-75, which directs offerors to include, with their proposals, a certification that the offeror's performance will comply with the applicable limitation on subcontracting.[2] RFP at 156-157. The VAAR clause provides, in relevant part, that “formal certification must be completed, signed and returned with the offeror's . . . proposal.” Id. at 157 (VAAR clause 852.219-75(d)). The clause further provides that “[t]he 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.” Id. The RFP also 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. Id. at 96. AAA submitted its proposal prior to the September 2 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 allowed the submission of revised proposals by March 7. RFP at 52 (RFP amend. 10 cover page).