[Protests of VA Solicitations for Equipment Maintenance]

B-249917,B-250089.2,B-250098,B-250099,B-250100,B-250101,B-250170: Dec 23, 1992

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A firm protested eight Department of Veterans Affairs' (VA) solicitations for computerized tomography scanner maintenance services, contending that: (1) the solicitations were overly restrictive, since their liquidated damages clauses imposed cost-prohibitive penalties for equipment downtime; (2) VA improperly included both liquidated damages and excess procurement costs provisions in the solicitations; and (3) the solicitations' definition of equipment downtime was ambiguous. GAO held that: (1) the liquidated damages provisions did not create unreasonable liability for the contractor and had no relationship to actual costs; (2) VA properly included both liquidated damages and excess reprocurement costs provisions, since it could incur actual costs in both categories; and (3) the protester's contention that the solicitations were ambiguous regarding equipment downtime was without merit. Accordingly, the protest was denied.

Mar 20, 2018

Mar 19, 2018

  • Ampcus, Inc.
    We deny the protest.
  • AMAR Health IT, LLC
    We dismiss the protest because our Office does not have jurisdiction to entertain protests of task orders issued under civilian agency multiple-award, indefinite-delivery, indefinite-quantity (IDIQ) contracts that are valued at less than $10 million.
  • Centurum, Inc.--Costs
    We grant the request.

Mar 15, 2018

  • ORBIS Sibro, Inc.
    We sustain the protest in part and deny it in part.

Mar 14, 2018

Mar 13, 2018

  • Interoperability Clearinghouse
    We dismiss the protest because the protester, a not-for-profit entity, is not an interested party to challenge this sole-source award to an Alaska Native Corporation under the Small Business Administration's (SBA) 8(a) program.
  • Yang Enterprises, Inc.
    We dismiss the protest.

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