NEIE Medical Waste Services, LLC

B-412793.2 Aug 05, 2016 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights NEIE Medical Waste Services, LLC, of Blairsville, Pennsylvania, protests the award of a contract to REG Products, LLC, doing business as VETUS Environmental Services, LLC, of Ponte Vedra Beach, Florida, by the Department of Veterans Affairs (VA) under request for quotations (RFQ) No. VA248-16-Q-0235 for pick-up and disposal of general, recyclable, and regulated medical waste. NEIE maintains that REG Products cannot comply with the limitation on subcontracting or with a definitive responsibility criterion. We deny the protest. We deny the protest. 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:  NEIE Medical Waste Services, LLC File:  B-412793.2 Date:  August 5, 2016 William E. Hughes III, Esq., and Emily A. Constantine, Esq., Whyte Hirschboeck Dudek SC, for the protester. Harold W. Askins III, Esq., Department of Veterans Affairs, for the agency. Paula J. Haurilesko, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest that awardee’s proposal demonstrates the firm cannot meet the limitation on subcontracting is denied, where the protester identifies nothing on the face of the awardee’s proposal that indicates an intention not to comply with the limitation. 2.  Protest that awardee’s proposal does not comply with a definitive responsibility criterion is denied, where the identified solicitation provision lacks the specificity required of a definitive responsibility criterion. 3.  In a procurement where award is to be made on a lowest-priced, technically acceptable basis, protest that awardee cannot meet the past performance requirement to be regularly established in the business of providing the services is denied, where awardee’s proposal would be technically acceptable even with a neutral past performance rating. DECISION NEIE Medical Waste Services, LLC, of Blairsville, Pennsylvania, protests the award of a contract to REG Products, LLC, doing business as VETUS Environmental Services, LLC, of Ponte Vedra Beach, Florida, by the Department of Veterans Affairs (VA) under request for quotations (RFQ) No. VA248-16-Q-0235 for pick-up and disposal of general, recyclable, and regulated medical waste.  NEIE maintains that REG Products cannot comply with the limitation on subcontracting or with a definitive responsibility criterion. We deny the protest. BACKGROUND The RFQ, issued under the simplified acquisition procedures for commercial items of Federal Acquisition Regulation (FAR) subparts 12.6 and 13.5, was set aside for service-disabled, veteran-owned small business (SDVOSB) concerns.  The RFQ contemplated award of a fixed-price requirements contract for the pick-up and disposal of general, recyclable, and regulated medical waste at VA medical facilities in Florida, over a 1-year base period and four option years.  RFQ at 1-2. Award was to be made to the responsible vendor that submitted the lowest-priced, technically-acceptable quotation, based on two evaluation factors:  technical and past performance.  Id. at 68.  Under the technical factor, the prime contractor was to provide, among other things, a completed price schedule and labor mix table; a copy of a current, active Florida Department of Health Medical Waste Transporters permit; a copy of the driver’s license for each transporter used to perform the required services; a copy of the Blood Borne Pathogen Training Certification for each transporter to be used to perform the services; and a copy of the vendor’s last Biomedical Waste Transporter Annual Report submitted to the Florida Department of Health.  Id. at 68-69.  Vendors were also required to include the following statement:  “The terms and conditions in the RFQ are acceptable to be included in the award document without modification, deletion, or addition.”  Id. at 67. With respect to past performance, the RFQ required that “[c]ontractors shall be regularly established in the business of providing the services in [sic] identified in the Performance Work Statement; who have experience with commercial contracts of similar size or larger; with conditions and scope as required for this contract.”  Id. at 70.  Vendors were required to provide a past performance questionnaire for “up to five or more” past performance references of the same size and scope.  Id.