Bramstedt Surgical Inc (36C26325Q0868)

B-424064 Jan 28, 2026 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Bramstedt Surgical Inc., a small business of Lino Lakes, Minnesota, challenges multiple actions by the Department of Veterans Affairs (VA) relating to request for quotations (RFQ) No. 36C26325Q0868 and predecessor procurements for surgical instrument maintenance and repair. The protester argues the agency unreasonably failed to notify Bramstedt Surgical, the incumbent contractor, of the availability of the solicitation, thus depriving the firm of an opportunity to compete. The protester also contends an earlier purchase order for these same services was improperly cancelled, and, thus, still in effect and required to be used, or, in the alternative, that an ongoing pattern of purchase card ordering created an implied-in-fact contract with which the agency must continue to proceed. We dismiss the protest. View Decision 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. Matter of: Bramstedt Surgical Inc. File: B-424064 Date: January 28, 2026 Neil C. Saucier, Esq., Saucier Law Office, for the protester. Natica Neely, Esq., Department of Veterans Affairs, for the agency. Heather Self, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency denied protester an opportunity to compete is dismissed for failing to state a legally sufficient basis of protest where the agency posted the solicitation on the governmentwide point of entry. 2. Protest challenging cancellation of a prior purchase order and related series of purchase card transactions is dismissed as a matter of contract administration not for consideration by our Office. DECISION Bramstedt Surgical Inc., a small business of Lino Lakes, Minnesota, challenges multiple actions by the Department of Veterans Affairs (VA) relating to request for quotations (RFQ) No. 36C26325Q0868 and predecessor procurements for surgical instrument maintenance and repair. The protester argues the agency unreasonably failed to notify Bramstedt Surgical, the incumbent contractor, of the availability of the solicitation, thus depriving the firm of an opportunity to compete. The protester also contends an earlier purchase order for these same services was improperly cancelled, and, thus, still in effect and required to be used, or, in the alternative, that an ongoing pattern of purchase card ordering created an implied-in-fact contract with which the agency must continue to proceed. We dismiss the protest. BACKGROUND The procurement at issue here is for the provision of surgical instrument preventative maintenance and repair services for the Minneapolis Veterans Health Administration Health Care System's surgical processing suite. Agency Report (AR), Exh. 2, Current RFQ at 8. The protester was previously awarded a contract to provide these same services from May 1, 2018, through November 1, 2023. Contracting Officer's Statement (COS) at 1 ¶ 6.a; AR, Exh. 9, 2018 Contract at 1. On October 6, 2023, the agency issued solicitation No. 36C26324Q0017 seeking to award a follow-on contract for these services. COS at 2 ¶ 6.c. On October 27, the agency “notified Bramstedt Surgical that it had been selected for award of purchase order [No.] 36C26324P0111,” and provided to Bramstedt a purchase order “that [the] VA had not signed” with a stated “award/effective date” of November 1. COS at 2 ¶ 6.c; AR, Exh. 3, Oct. 2023 Award Notice at 1-2. Also on October 27, Bramstedt signed the purchase order and returned it to the contracting officer. COS at 2 ¶ 6.c; AR, Exh. 4, Oct. 2023 Signed Order and Transmittal Email at 1, 3. Two days later, on October 29, the contracting officer “called Bramstedt Surgical and notified it that purchase order [No.] 36C26324P0111 was rescinded immediately” because “the instrument list included in the RFQ and purchase order . . . were inaccurate.” COS at 2 ¶ 6.d. The contracting officer explained the VA intended to conduct an internal audit to ensure any future solicitation accurately stated the requirement, and that to ensure continuity of service while the audit was being conducted the agency would be awarding a sole-source interim or “bridge” contract to Bramstedt Surgical. Id. On November 29, the agency emailed solicitation amendment 2 to Bramstedt; the stated purpose of the amendment was to cancel the October 2023 RFQ. COS at 2 ¶ 6.d; AR, Exh. 12, Nov. 2023 RFQ amend. 2 and Transmittal Email at 1-2. The agency states no services were performed by Bramstedt under purchase order No. 36C26324P01111. COS at 2 ¶ 6.d. On October 31, the agency awarded a short-term bridge contract to Bramstedt, which began its period of performance on November 1 and expired on April 30, 2024. COS at 2 ¶ 6.e; AR, Exh. 13, Nov.