Express Medical Transporters, Inc.

B-412692 Apr 20, 2016 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Express Medical Transporters, Inc. (EMT), a small business, of St. Louis, Missouri, protests the award of a contract to Wheelchair Transport Services, Inc. (WTS), a small business, of Clearwater, Florida, under request for proposals (RFP) No. VA248-15-R-0828, issued by the Department of Veterans Affairs (VA) for non-emergency special mode transportation services for beneficiaries at the James A. Haley Veterans' Hospital in Tampa, Florida. EMT contends that the awardee's proposal should have led the agency to conclude that the awardee had specifically taken exception to the subcontracting limitation in Federal Acquisition Regulation (FAR) clause 52.219-14. EMT also contends that the agency erred in not forwarding EMT's protest of WTS's size status to the Small Business Administration (SBA). We deny the protest in part and dismiss it in part. We deny the protest in part and dismiss it in part. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of:  Express Medical Transporters, Inc. File:  B-412692 Date:  April 20, 2016 E.A. “Seth” Mills, Jr., Esq., and Jordan Miller, Esq., Mills Paskert Divers, for the protester. Mark M. Barber, Esq., and David M. Brickhouse, Esq., Broad and Cassel, for the intervenor, Wheelchair Transport Service, Inc. Neil S. Deol, Esq., Department of Veterans Affairs, for the agency. Elizabeth Witwer, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest alleging that the awardee’s proposal violated the solicitation’s subcontracting limitation clause is denied where the awardee’s proposal did not indicate that the awardee took exception to the limitation. 2.  Protest alleging that the agency failed to forward the protester’s challenge to the awardee’s size status to the Small Business Administration (SBA) is dismissed as academic where the record demonstrates that the agency subsequently forwarded the protest to the SBA. DECISION Express Medical Transporters, Inc. (EMT), a small business, of St. Louis, Missouri, protests the award of a contract to Wheelchair Transport Services, Inc. (WTS), a small business, of Clearwater, Florida, under request for proposals (RFP) No. VA248-15-R-0828, issued by the Department of Veterans Affairs (VA) for non-emergency special mode transportation services for beneficiaries at the James A. Haley Veterans’ Hospital in Tampa, Florida.  EMT contends that the awardee’s proposal should have led the agency to conclude that the awardee had specifically taken exception to the subcontracting limitation in Federal Acquisition Regulation (FAR) clause 52.219-14.  EMT also contends that the agency erred in not forwarding EMT’s protest of WTS’s size status to the Small Business Administration (SBA). We deny the protest in part and dismiss it in part. BACKGROUND The VA issued the RFP on July 21, 2015, as a set-aside for small businesses.  RFP at 1.  The RFP contemplated the award of a fixed-price requirements contract with economic price adjustment for a base year and four option years.  Id. at 17.  The RFP sought non-emergency special mode transportation services for the beneficiaries of the James A. Haley Veterans’ Hospital in Tampa, Florida, to include all supervision, personnel, vehicles, equipment, transportation, material, supplies, and other items necessary to provide transportation.  Id. at 17. The RFP provided that an award would be made to the offeror that submitted the lowest-priced technically acceptable offer.  Id. at 67. Of relevance here, the RFP incorporated, by reference, FAR clause 52.219‑14, Limitations on Subcontracting (Nov. 2011).  RFP at 48.  This clause provides, in relevant part: (c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for— *  *  * (1) Services (except construction).  At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern. FAR clause 52.219-14(c)(1) (emphasis in original).[1]    The VA received proposals from five offerors, including EMT and WTS.  Agency Report (AR), Exh. A, Contracting Officer’s (CO) Statement, at 2.  On December 29, the VA notified EMT that its proposal was unsuccessful and that the VA intended to award the contract to WTS.  AR, Exh. H, Notice to EMT.  On January 4, 2016, the VA awarded the contract, with an estimated value of $23,976,604, to WTS.  AR, Exh.