Vandenberg Ambulance (36C25221R0003)
Case: B-419465
Agency: Department of Veterans Affairs
Protester: Vandenberg Ambulance
Date: 2021-05-03
Denied
B-419465.2,B-419465.3
May 03, 2021
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Highlights
Blackhawk Medical Transportation, Inc., doing business as Vandenberg Ambulance, of Tinley Park, Illinois, protests the award of a contract to Freedom-Elite Joint Venture, of Shorewood, Illinois, a small business, under request for proposals (RFP) No. 36C25221R0003, issued by the Department of Veterans Affairs (VA) for commercial non-emergency ambulance services for specific VA facilities in the Chicago, Illinois area. Blackhawk argues that the VA misevaluated Freedom-Elite's proposal as acceptable and awarded the contract at an unreasonable price.
We deny the protest.
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DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to a GAO Protective Order. No party requested redactions; we are therefore releasing the decision in its entirety.
Decision
Matter of: Blackhawk Medical Transportation, Inc. d/b/a Vandenberg Ambulance
File: B-419465.2; B-419465.3
Date: May 3, 2021
Joseph G. Martinez, Esq., Eric P. Roberson, Esq., and Lisette S. Washington, Esq., Dentons US LLP, for the protester.
Shane J. McCall, Esq., Nicole D. Pottroff, Esq., Quinten R. Fisher, Esq., and Christopher S. Coleman, Esq., Koprince Law, LLC, for Freedom-Elite Joint Venture, the intervenor.
Steven Devine, Esq., and Brian R. Reed, Esq., Department of Veterans Affairs, for the agency.
Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest that agency misevaluated awardee’s proposal as technically acceptable is denied where the record shows the evaluation was reasonable and consistent with the solicitation evaluation criteria.
2. Protest that agency improperly determined awardee’s price was reasonable is denied where the record shows the contracting officer’s judgment was reasonable and well documented.
DECISION
Blackhawk Medical Transportation, Inc., doing business as Vandenberg Ambulance, of Tinley Park, Illinois, protests the award of a contract to Freedom-Elite Joint Venture, of Shorewood, Illinois, a small business,[1] under request for proposals (RFP) No. 36C25221R0003, issued by the Department of Veterans Affairs (VA) for commercial non-emergency ambulance services for specific VA facilities in the Chicago, Illinois area. Blackhawk argues that the VA misevaluated Freedom-Elite’s proposal as acceptable and awarded the contract at an unreasonable price.
We deny the protest.
BACKGROUND
The RFP, issued November 17, 2020, sought proposals to provide non-emergency transportation and transport-of-deceased services, all on an as-needed basis, under a fixed-price, indefinite quantity contract for a 9-month base ordering period, four 1-year options, and a final 3-month option. Agency Report (AR), RFP at 7-16, 68.
The RFP described evaluation and contract award as being a lowest-priced technically acceptable process performed under a tiered set-aside beginning with service-disabled veteran-owned small businesses (SDVOSB).[2] The RFP explained that the VA would begin the evaluation with proposals submitted by SDVOSB firms (tier 1). If no award was made to an SDVOSB firm, the agency would proceed to evaluate proposals from veteran-owned small businesses (tier 2), and if no award was made at tier 2, proceed to consider proposals from small businesses (tier 3), and finally if no award had been made, consider offers on an unrestricted basis (tier 4). RFP at 4, 61. The acceptability of proposals would be assessed under a single technical capability factor, which consisted of three subfactors: company experience, management plan, and quality control plan. RFP at 68.
The performance work statement (PWS) described the requirement for ambulance services at the Jesse Brown VA Medical Center in Chicago, associated community-based outpatient clinics in Chicago, and Chicago Heights, Illinois, and at nearby locations in Indiana and at Chicago airports. The PWS required the contractor’s services to be performed in accordance with all federal, state, and local regulations. RFP, PWS § 4.1.1. Additionally, the ambulance vehicles were required to meet all applicable federal, state and local regulations and specifications, including licensing, registration, and safety standards. RFP, PWS § 4.4.1.
Under the price factor, the RFP provided for the agency to calculate a total evaluated price (TEP) by multiplying the proposed prices for particular services by estimated quantities.
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