Sigo Valiant JV, LLC (36C78625B0035)

B-424103 Feb 24, 2026 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Sigo Valiant JV, LLC, a service-disabled veteran-owned small business (SDVOSB) joint venture of Louisville, Kentucky, protests the award of a contract to KMC Solutions, LLC an SDVOSB of Hampton, Virginia, under invitation for bids (IFB) No. 36C78625B0035, issued by the Department of Veteran Affairs (VA) for the construction of new burial land at the Marion National Cemetery, Marion, Indiana. Sigo Valiant contends that the awardee's bid contained a material misrepresentation. We dismiss the 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: Sigo Valiant JV, LLC File: B-424103 Date: February 24, 2026 Nicole D. Pottroff, Esq., Shane M. McCall, Esq., John L. Holtz, Esq., Stephanie L. Ellis, Esq., Gregory P. Weber, Esq., and Annie E. Birney, Esq., Koprince McCall Pottroff LLC, for the protester. Diana Parks, Esq., and Hadeel N. Masseoud, Esq., Curran Legal Services Group, Inc., for KMC Solutions, LLC, the intervenor. Marcia McCree, Esq., Department of Veterans Affairs, for the agency. Christopher Alwood, Esq., and Alexander O. Levine, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest alleging that the awardee materially misrepresented that it would comply with the solicitation's limitations on subcontracting clause is dismissed where the allegation is speculative and based on unsupported evidence. DECISION Sigo Valiant JV, LLC, a service‑disabled veteran‑owned small business (SDVOSB) joint venture of Louisville, Kentucky, protests the award of a contract to KMC Solutions, LLC an SDVOSB of Hampton, Virginia, under invitation for bids (IFB) No. 36C78625B0035, issued by the Department of Veteran Affairs (VA) for the construction of new burial land at the Marion National Cemetery, Marion, Indiana. Sigo Valiant contends that the awardee's bid contained a material misrepresentation. We dismiss the protest. BACKGROUND On June 30, 2025, the VA issued the IFB pursuant to the sealed bidding procedures of Federal Acquisition Regulation (FAR) part 14, seeking bids for construction to expand the Marion National Cemetery in Marion, Indiana. Agency Report (AR), Tab 3, IFB at 1, 6, 19.[1] The IFB provided that award would be made to the responsible bidder whose bid conformed to the solicitation and had the lowest price. Id. at 19 (incorporating FAR provision 52.214-19, Contract Award--Sealed Bidding--Construction). The solicitation was issued as an SDVOSB set‑aside and included Veterans Affairs Acquisition Regulation (VAAR) clause 852.219-75, which concerns limitations on subcontracting.[2] IFB at 56‑57. The clause states, in relevant part: (a) Pursuant to 38 U.S.C. 8127(l)(2), the [bidder] certifies that-- (1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: * * * * * (ii) [ ] General construction. In the case of a contract for general construction, the contractor will not pay more than 85 [percent] of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the [Small Business Administration (SBA)] certification database as set forth in 852.219-73 or certified [veteran-owned small businesses (VOSBs)] listed in the SBA certification database as set forth in 852.219-74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 85 [percent] subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted. * * * * * (d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror's bid, quotation, or 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. Id. The certification included with the clause required the bidder to agree to comply with the terms of the limitations on subcontracting clause. Id. at 57. The VA received six bids by the IFB's September 10 bid opening date. Contracting Officer's Statement (COS) at 1. KMC's bid was the lowest‑priced at $20,383,000, while Sigo Valiant submitted the second-lowest bid at $21,788,648. AR, Tab 9, KMC Bid at 2; AR, Tab 10, Sigo Valiant Bid at 10; Protest, exh. 3, Bid Tabulation. KMC's bid included a VAAR clause 852.219-75 certification form, which the firm had completed and signed, affirming that the firm would comply with the limitations on subcontracting specified in the clause. AR, Tab 9, KMC Bid at 36.