Letter to The Honorable R. James Nicholson Secretary of Veterans Affairs

October 18, 2006

The Honorable R. James Nicholson Secretary of Veterans Affairs
810 Vermont Ave
NW Washington, DC
20420

Dear Secretary Nicholson:

We are writing in support of a protest concerning Department of Veterans Affairs (VA) Contract Award Number VA786-P-0158 awarded on September 26, 2006, in response to Solicitation No. VA-786-06-RP-0118. A current VA contractor and respondent to the solicitation, Granite Industries of Vermont (GIV), has brought its protest concerning this headstone contract to our attention.

It is our understanding that for the past 16 years GIV has provided first-class headstones to the VA without a single defect or poor quality stone for more than a decade. It is currently performing under contract #V786-P-575, providing the VA with 20,000 marble headstones annually. The management and workforce of GIV take pride in their ability to provide the VA and the families of thousands of veterans with stones unmatched in quality. GIV has also taken great efforts to provide professional, courteous and expedited service to the VA in fulfilling its contracts. Vermont is known globally as home to some of the strongest and most beautiful granite and marble in the world. Vermont has supplied headstones for America's soldiers since the Battle of Gettysburg.

When GIV was not awarded contract VA786-P-0158, GIV management was rightfully concerned considering it had underbid the contract awardee by $30 a headstone, or $90,000 over the life of the contract. We understand that GIV was told by the contracting officer that GIV was not chosen based on past performance. Given the 16-year near-perfect track record GIV has with the VA, it is hard to believe that awarding this contract to a company at a higher price with equal or poorer past performance standards could possibly be in the best interest of the VA or the American tax payer.

Our concern about this contract award was only heightened when we learned that the contracting officer would not expound upon the claim that the past performance of GIV contributed to its failure to secure this contract. If GIV has never delivered a stone of poor quality to the VA, and if GIV has met or exceeded its competition's service and delivery standards, we are at a loss to understand why the VA would choose to discontinue such a business relationship.

As Vermont's Congressional Delegation and as concerned lawmakers, we write in support of GIV's protest under the Federal Acquisition Regulations concerning this contract. We also request that the VA offer a full and immediate explanation concerning the contracting officer's claim relating to unacceptable past performance from GIV.

Should you have any questions concerning our requests, please feel free to contact Daniel Ginsberg of the office of Senator Leahy at (202) 224-4242, Laurie Schultz-Heim of the office of Senator Jeffords at (202) 224-5141 or Warren Gunnels of the office of Congressman Sanders at (202) 225-4115. Thank you for your assistance and cooperation.

Sincerely,

PATRICK LEAHY United States Senate
JAMES JEFFORDS United States Senate
BERNIE SANDERS U.S. House of Representatives

http://bernie.house.gov/documents/document.asp?issueNum=5027