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B-406608,B-406654,B-406655,B-406656 1 (2012-07-13)

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          G    A    O0                                                Comptroller General
Accountability * Integrity * Reliability                               of the United States
  United States Government Accountability Office
  Washington, DC 20548



          Decision


          Matter of: Aldevra

          File:     B-406608; B-406654; B-406655; B-406656

          Date:        July 13, 2012

          Rodney Marshall for the protester.
          Dennis Foley, Esq., Department of Veterans Affairs, for the agency.
          Jacqueline Maeder, Esq., and David A. Ashen, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          The Veterans Benefits, Health Care, and Information Technology Act of 2006
          requires the Department of Veterans Affairs to determine whether two or more
          service-disabled veteran-owned small business concerns can meet its requirements
          at a reasonable price before proceeding with Federal Supply Schedule acquisitions.
          DECISION

          Aldevra, of Portage, Michigan, a service-disabled veteran-owned small business
          (SDVOSB) concern, protests the terms of solicitation Nos. 630-12-3-6429-0566,
          521-12-2-237-0073, VA244-12-Q-0525, and VA260-12-Q-0771,1 issued by the
          Department of Veterans Affairs (VA) for miscellaneous kitchen equipment for VA
          Medical Centers in, respectively, the Bronx, New York, Birmingham, Alabama,
          Coatesville, Pennsylvania, and Puget Sound, Washington. The protester asserts
          that the agency improperly failed to comply with the requirements of the Veterans
          Benefits, Health Care, and Information Technology Act of 2006, 38 U.S.C. §§ 8127-
          8128 (2006) (the VA Act), and its implementing regulations to determine whether
          these procurements should be set aside for SDVOSB (or veteran-owned small
          business (VOSB)) concerns.

          We sustain the protests.


          1 The solicitations were also designated as FedBid Buy Nos. 335889, 337280,
          337667, and 339483, respectively.