Millbrook Support Services, Inc. (36C25625Q0397)

B-424107 Feb 23, 2026 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Millbrook Support Services, Inc., a service-disabled veteran-owned small business (SDVOSB) of Manhasset, New York, protests the Department of Veterans Affairs' (VA) decision to rescind an order issued to the firm, under request for quotations (RFQ) No. 36C25625Q0397, for nursing services. The protester challenges the agency's decision to rescind the award based on the VA's subsequent determination that the protester was not an eligible SDVOSB at the time of award. We deny 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: Millbrook Support Services, Inc. File: B-424107 Date: February 23, 2026 Meghan F. Leemon, Esq., Timothy F. Valley, Esq., Eric A. Valle, Esq., and Kristine E. Crallé, Esq., Piliero Mazza, PLLC, for the protester. Natica C. Neely, Esq., Department of Veterans Affairs, for the agency. Michael P. Grogan, Esq., and Evan D. Wesser, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Challenge to agency's decision to rescind an order issued to the protester because the agency subsequently found the protester was not an eligible service-disabled veteran-owned small business is denied where the agency's decision was consistent with applicable regulations and the terms of the solicitation. DECISION Millbrook Support Services, Inc., a service-disabled veteran-owned small business (SDVOSB) of Manhasset, New York, protests the Department of Veterans Affairs' (VA) decision to rescind an order issued to the firm, under request for quotations (RFQ) No. 36C25625Q0397, for nursing services. The protester challenges the agency's decision to rescind the award based on the VA's subsequent determination that the protester was not an eligible SDVOSB at the time of award. We deny the protest. BACKGROUND The agency issued the solicitation on April 1, 2025, pursuant to the procedures of Federal Acquisition Regulation (FAR) subpart 8.4 (Federal Supply Schedules) and part 12 (Acquisition of Commercial Products and Commercial Servies), to SDVOSB firms holding the General Service Administration's (GSA) multiple award federal supply schedule (FSS) contract under North American Industry Classification System (NAICS) code 561320 (Temporary Help Services). Agency Report (AR) Exh. 2, RFQ at 1.[1] The solicitation contemplated the issuance of an order, where subsequent sub-orders would be placed on a fixed-price basis, with five, 1‑year ordering periods. Id. at 4-7. Through the RFQ, the VA sought various nursing services at Southeast Louisiana Veterans Health Care System in New Orleans, Louisiana. Id. at 1. The solicitation advised that award would be made on a best-value tradeoff basis, considering three factors: (1) past performance; (2) technical capability; and (3) price. Id. at 61. The agency received multiple quotations by the submission due date, to include a quotation from Millbrook. Memorandum of Law (MOL) at 3. On November 10, the VA issued the order to Millbrook. AR, Exh. 12, Award Notice at 1. That same day, an unsuccessful vendor notified the agency that Millbrook was potentially ineligible for award because the firm was not small under the applicable NAICS code, per online public representations. Contracting Officer's Statement (COS) at 2. The contracting officer explains that he and the contract specialist “reviewed the entire contents of all prior small business certification search results as well as the contractor responsibility assessment report for Millbrook Support Services.” Id. He further explains that the agency, on November 10, rescinded the award to Millbrook: [T]he Contract Specialist called Millbrook Support Services to advise it that the task order award decision was rescinded because Millbrook Support Services was ineligible for award. Millbrook Support Services disagreed and responded that it was eligible for award because, although no longer a small business for the applicable NAICS code and no longer an SDVOSB for the applicable NAICS code, it was a small business and an SDVOSB for the applicable NAICS code at the time it was awarded its FSS contract. Id. Following communication with various VA officials regarding the firm's eligibility, the agency, on November 13, explained to the protester that “Millbrook Support Services is not considered eligible for award in accordance with VAAR [Veterans Affairs Acquisition Regulation] Clause 852.219-73” because the Small Business Administration's (SBA) certification database “indicates that Millbrook Support Services [is] no longer a SDVOSB under NAICS [code] 561320.” AR, Exh. 13, Email Communication with Millbrook at 1.