GAO Bid Protest Annual Report to the Congress for Fiscal Year 2012

This letter responds to the requirements of the Competition in Contracting Act of 1984, 31 U.S.C. 3554(e)(2) (2006), that the Comptroller General report to Congress each instance in which a federal agency did not fully implement a recommendation made by our Office in connection with a bid protest decided the prior fiscal year. By letter dated March 30, 2012, a copy of which is enclosed, we reported three such occurrences involving the Department of Veterans Affairs (VA), Kingdomware Technologies, B-405727, Dec. 19, 2011,2011 CPO 283, Aldevra, B-406205, Mar. 14, 2012, 2012 CPO 112, and Crosstown Courier Service, Inc., B-406262, Mar. 21, 2012, 2012 CPO 119. As explained in the March 30 letter, we sustained the protests finding that the VA's use of General Services Administration Federal Supply Schedule (FSS) procedures, without first considering whether two or more service-disabled veteran-owned small business (SDVOSB) or veteran-owned small business (VOSB) concerns were capable of meeting the agency's requirements at a reasonable price, was contrary to the Veterans Benefits, Health Care, and Information Technology Act of 2006, 38 U.S.C. 8127-8128 (2006).