Calvary Contracting, Inc. (36C25025B0022)

B-424024 Jan 13, 2026 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Calvary Contracting Inc., a service-disabled veteran-owned small business (SDVOSB) of Tipp City, Ohio, protests its elimination from the competition under invitation for bids (IFB) No. 36C25025B0022, which was issued by the Department of Veterans Affairs (VA), for renovation work at the Chillicothe VA Medical Center in Chillicothe, Ohio. The protester argues that the agency unreasonably determined that the protester was non-responsible and referred the firm to the Small Business Administration (SBA) for a certificate of competency (COC), and then also erred by confirming that the firm was ineligible for award after the SBA refused to issue the firm a COC. We dismiss the protest because it fails to state legally or factually sufficient bases of 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: Calvary Contracting, Inc. File: B-424024 Date: January 13, 2026 John A. Gambill, Esq., Alexander Gorelik, Esq., and Suzanne Sumner, Esq., Taft Stettinius & Hollister LLP, for the protester. Timothy M. Saffles, Esq., Department of Veterans Affairs, for the agency. Michael Willems, Esq., and Evan D. Wesser, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency's initial non-responsibility determination and subsequent affirmance after the Small Business Administration (SBA) refused to issue the protester a certificate of competency (COC) is denied as legally and factually insufficient where our Office does not generally review protests challenging the SBA's refusal to issue a COC absent circumstances not present here. DECISION Calvary Contracting Inc., a service-disabled veteran-owned small business (SDVOSB) of Tipp City, Ohio, protests its elimination from the competition under invitation for bids (IFB) No. 36C25025B0022, which was issued by the Department of Veterans Affairs (VA), for renovation work at the Chillicothe VA Medical Center in Chillicothe, Ohio. The protester argues that the agency unreasonably determined that the protester was non-responsible and referred the firm to the Small Business Administration (SBA) for a certificate of competency (COC), and then also erred by confirming that the firm was ineligible for award after the SBA refused to issue the firm a COC. We dismiss the protest because it fails to state legally or factually sufficient bases of protest. BACKGROUND The IFB was issued on June 4, 2025, and subsequently amended once, pursuant to the sealed bidding procedures of Federal Acquisition Regulation (FAR) part 14. Agency Report (AR), Tab 2, IFB at 1.[1] The IFB, which was issued as a SDVOSB set-aside, sought bids for renovation work at the Chillicothe VA Medical Center in Chillicothe, Ohio. Id. Relevant here, the IFB established a period of performance of 910 calendar days from the issuance of the notice to proceed. Id. The agency received five timely bids; Calvary submitted the lowest-priced bid of $10,675,960. Contracting Officer's Statement (COS) at 1. As the apparent low bidder, the contracting officer proceeded to conduct a responsibility determination for Calvary. The contracting officer concluded that the protester was non-responsible based principally on a termination for default for contract No. 36C25020C0263, as well as other adverse past performance identified during a review of the protester's past performance records in the Contractor Performance Assessment Reporting System (CPARS). Consistent with the requirements of FAR section 9.104-3(d)(1), because Calvary is a small business concern, the contracting officer referred the non-responsibility determination to the SBA for a COC determination. See COS at 1. The VA's August 18, 2025, COC referral explained to the SBA that “[t]his project is the number one priority for Chillicothe VA Medical Center, requiring phasing which requires careful attention to scheduling,” and that delays due to poor scheduling would result in higher costs and impact patient care. AR, Tab 4, VA COC Referral at 1. The contracting officer explained that he found the protester to be non-responsible because the protester “poses high risk as shown on many projects” because the protester “struggles to meet scheduling requirements.” Id. In support of this finding, the contracting officer addressed the above-referenced termination for default on a renovation project at the Dayton VA Medical Center in Dayton, Ohio.[2] Id. at 2-7. In addition to the termination for default, the contracting officer also represented that he reviewed adverse past performance information that further raised scheduling-related concerns, including an interim CPARS report for contract No. 36C25021C0127 that reflected a marginal rating for schedule.[3] Id.