Veterans Care Medical Equipment, LLC (36C26221R0082)

B-420726,B-420726.2 Jul 29, 2022 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Veterans Care Medical Equipment, LLC (Veterans Care), a service-disabled veteran-owned small business (SDVOSB), of Vista, California, protests the award of a contract to Mid-Cities Home Medical Delivery Service, LLC (Mid-Cities Medical), an SDVOSB, of Grand Prairie, Texas, under request for proposals (RFP) No. 36C26221R0082, issued by the Department of Veterans Affairs (VA). The RFP seeks in-home oxygen and ventilator services for the Phoenix VA Health Care System (PVAHCS) and the Northern Arizona VA Health Care System (NAVAHCS). The protester challenges the agency's evaluation of proposals and resulting award decision. 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: Veterans Care Medical Equipment, LLC File: B-420726; B-420726.2 Date: July 29, 2022 David F. Dowd, Esq., Potomac Law Group, PLLC, for the protester. Peter B. Ford, Esq., Katherine B. Burrows, Esq., and Eric A. Valle, Esq., Piliero Mazza PLLC, for Mid-Cities Home Medical Delivery Service, LLC, the intervenor. Daniel J. McFeely, Esq., Department of Veterans Affairs, for the agency. Sarah T. Zaffina, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest arguing that agency improperly required protégé partner in Small Business Administration-approved mentor-protégé joint venture offeror to individually meet the same experience requirements as other offerors is denied where the record fails to show that the agency imposed such a requirement. 2. Protest alleging that small business awardee should not have been found responsible is dismissed where protester fails to demonstrate circumstances warranting our Office’s review of agency’s affirmative responsibility determination. DECISION Veterans Care Medical Equipment, LLC (Veterans Care),[1] a service‑disabled veteran‑owned small business (SDVOSB), of Vista, California, protests the award of a contract to Mid-Cities Home Medical Delivery Service, LLC (Mid-Cities Medical), an SDVOSB, of Grand Prairie, Texas, under request for proposals (RFP) No. 36C26221R0082, issued by the Department of Veterans Affairs (VA). The RFP seeks in-home oxygen and ventilator services for the Phoenix VA Health Care System (PVAHCS) and the Northern Arizona VA Health Care System (NAVAHCS). The protester challenges the agency’s evaluation of proposals and resulting award decision. We deny the protest in part and dismiss it in part. BACKGROUND The agency issued the solicitation as a total SDVOSB set-aside on May 8, 2021 pursuant to Federal Acquisition Regulation (FAR) parts 12 and 15, and VA acquisition regulations. Agency Report (AR), Tab 2, RFP at 2, 62.[2] The RFP anticipated award of a single, fixed‑price indefinite-delivery, indefinite-quantity contract for a base period of one year and up to seven 1-year option periods.[3] RFP at 5, 61. The successful contractor will furnish all labor, facilities, transportation, and management needed to perform in‑home oxygen and in‑home ventilator services for veterans served by PVAHCS and NAVAHCS. Id. at 14. The solicitation requires in‑home oxygen services for an estimated 3,500 patients per month and in‑home ventilator services for an estimated 20 patients per month. See id. The RFP provided that award was to be made without discussions to the responsible offeror whose proposal represented the best value to the government, considering experience and price. Id. at 58, 62. The solicitation specified that experience was more important than price and provided that award might be made to other than the lowest‑priced proposal. Id. at 62. As relevant to this protest, for the experience factor, the RFP instructed offerors to describe their experience providing at‑home oxygen and ventilation services, including the average monthly number of patients served, the geographic location of the services, and a description of the tasks performed. Id. at 61. Four offerors, including Veterans Care and Mid‑Cities Medical, submitted proposals by the November 1 deadline for receipt of proposals. COS at 3. After the solicitation closed, the VA emailed amendment 7 to all offerors on December 16. This amendment added VA Acquisition Regulation (VAAR) clause 852.219‑77, VA Notice of Limitations on Subcontracting—Certificate of Compliance for Services and Construction (SEP 2021) (DEVIATION). Id.; AR, Tab 3, RFP amends. at 127‑131.