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B-418223,B-418223.2 1 (2020-01-31)

handle is hein.gao/gaobaeapj0001 and id is 1 raw text is: 



G     A     O      U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                            of the United States
                                          ----------------------------------------------------------------------------------------------------------------------
                                            DOCUMENT FOR PUBLIC RELEASE
                                          The decision issued on the date below was subject to
Decision                                  a GAO Protective Order. This redacted version has
                                         1been approved for public release.


Matter of:  Academy Medical, LLC

File:        B-418223; B-418223.2

Date:       January 31, 2020

Julie M. Nichols, Esq., Roeder, Cochran, Phillips, PLLC, for the protester.
Jason M. Fragoso, Esq., Department of Veterans Affairs, for the agency.
Jacob M. Talcott and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

Protest challenging agency's failure to set aside any portion of a solicitation is sustained
where the agency decision was unreasonable and insufficiently documented.
DECISION

Academy Medical, LLC., a service-disabled veteran-owned small business (SDVOSB),
of West Palm Beach, Florida, protests the terms of request for proposals (RFP)
No. 36C1 OG1 9R0050, issued by the Department of Veterans Affairs (VA), for the
distribution and supply management of medical, surgical, dental, and laboratory
supplies to VA medical centers (VAMCs) and other governmental agencies (OGAs).
The protester argues that the procurement should have been set aside for SDVOSBs or
veteran-owned small businesses (VOSBs).

We sustain the protest.

BACKGROUND

On September 27, 2019, the VA issued the solicitation, on an unrestricted basis, under
the procedures of the Federal Acquisition Regulation (FAR) parts 12 and 15. Agency's
Memorandum of Law at 2; Agency Report (AR), Tab 4, Acquisition Plan and Market
Research (APMR) at 181. The solicitation sought proposals to provide the distribution


1 When referencing the agency's acquisition plan and market research, our Office cites
to the associated Bates number.