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B-405771.2 1 (2012-02-15)

handle is hein.gao/gaobadooi0001 and id is 1 raw text is: G A O0 Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Department of Veterans Affairs--Reconsideration File: B-405771.2 Date: February 15, 2012 Lisa Marie Clark, Esq., Department of Veterans Affairs, for the agency. Audra J. Zarlenga, Esq., and Kyle G. Baker, Esq., Thompson Hine LLP, for Commandeer Construction Company LLC, the protester. Jonathan L. Kang, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency's request to reconsider our decision sustaining a protest is denied where agency's request either reiterates arguments made previously and merely expresses disagreement with the prior decision, or is based on information that was available to the agency during the course of the underlying protest, but was not brought to GAO's attention until the request for reconsideration. 2. GAO modifies its recommended remedy that the agency reimburse the protester's costs of pursuing its protest, where the record shows that the protester failed to disclose a material fact concerning its status as interested party. DECISION The Department of Veterans Affairs (VA) asks that we reconsider our decision in Commandeer Constr. Co. LLC, B-405771, Dec. 29, 2011, 2011 CPD T 287, in which we sustained the protest filed by Commandeer Construction Company LLC (CCC), of Twinsburg, Ohio, concerning the rejection of its bid by the Department of Veterans Affairs (VA) under invitation for bids (IFB) No. VA-250-1 1-11B-0191, which was issued as a set-aside for service-disabled veteran-owned small businesses (SDVOSB), for renovation of an existing medical facility in Chillicothe, Ohio. We deny the request for reconsideration, but modify our recommendation.