United States Government Accountability Office
Washington, DC 20548
of the United States
Matter of: CES Industries, Inc.
September 1, 2009
Mitchell B. Nesenoff for the protester.
Rebecca L. Tranthem, Esq., Department of Veterans Affairs, for the agency.
Paula A. Williams, Esq., and Ralph O. White, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
1. Protest that agency improperly failed to make sole-source award to a service-
disabled veteran-owned small business concern and impermissibly competed the
acquisition on an unrestricted basis is dismissed where the protest was filed after
2. Protest alleging bias against protester and favoritism toward awardee is denied
where record fails to support the protester’s allegations.
CES Industries, Inc. (CES) of Farmingdale, New York, protests the award of a
contract by the Department of Veterans Affairs (VA) to Arjo Huntleigh, Inc. (Arjo) of
Addison, Illinois, under request for quotations (RFQ) No. VA-248-09-RQ-0322, for a
contractor to provide and install commercially-available safe patient handling device
monitoring systems.1 CES, which has a teaming agreement with a service-disabled
veteran, essentially asserts that the VA improperly conducted the procurement on an
unrestricted basis rather than make award to CES as a service-disabled veteran-
owned small business (SDVOSB) concern.
1 The purpose of the automated tracking system is to systematically record the
frequency, date, and start/stop time for each actual use of three types of patient
handling equipment--ceiling mounted patient lifts, floor based patient lifts, and air
assisted lateral transfer devices. RFQ at 8.
We dismiss the protest in part and deny it in part.2
In February 2009, as part of the market research for this acquisition, the contracting
officer searched the Centra