Tech62, Inc. (36C24822Q1383)

B-420883,B-420883.2 Oct 03, 2022 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Tech62, Inc., a service-disabled veteran-owned small business (SDVOSB) of Fairfax, Virginia, protests the terms of request for quotations (RFQ) No. 36C24822Q1383, issued by the Department of Veterans Affairs (VA), for onsite radiation oncology services by therapeutic medical physicists (TMP) at the VA's Bay Pines Healthcare System in Bay Pines, Florida. Tech62 argues that the agency improperly failed to set the acquisition aside for SDVOSB concerns or veteran-owned small business (VOSB) concerns and that the terms of the solicitation are unclear and ambiguous. 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 version has been approved for public release. Decision Matter of: Tech62, Inc. File: B-420883; B-420883.2 Date: October 3, 2022 Jonathan D. Perrone, Esq., and Timothy J. Turner, Esq., Whitcomb Selinsky, P.C., for the protester. Deborah K. Morrell, Esq., Department of Veterans Affairs, for the agency. Uri R. Yoo, Esq., and Alexander O. Levine, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging agency’s decision not to set aside a procurement for service‑disabled veteran-owned small businesses (SDVOSBs) is denied where the agency reasonably concluded that it did not have a reasonable expectation of receiving quotations from two or more SDVOSBs capable of performing the required services at a fair and reasonable price. 2. Protest alleging an ambiguity in the solicitation is denied where the protester did not demonstrate that its interpretation is reasonable when the solicitation is read as a whole and in a manner giving effect to all provisions. DECISION Tech62, Inc., a service-disabled veteran-owned small business (SDVOSB) of Fairfax, Virginia, protests the terms of request for quotations (RFQ) No. 36C24822Q1383, issued by the Department of Veterans Affairs (VA), for onsite radiation oncology services by therapeutic medical physicists (TMP) at the VA’s Bay Pines Healthcare System in Bay Pines, Florida. Tech62 argues that the agency improperly failed to set the acquisition aside for SDVOSB concerns or veteran-owned small business (VOSB) concerns and that the terms of the solicitation are unclear and ambiguous. We deny the protest. BACKGROUND The VA first sought TMP services for the Bay Pines Healthcare System on March 1, 2021, when it issued solicitation No. 36C24821R0069 as a total SDVOSB set‑aside. Agency Report (AR), Tab 3a, Initial Market Research Report at 1. The contracting officer set aside the requirement based on market research showing that there was a reasonable expectation of receiving two or more quotations from capable SDVOSBs. Id. 1-2. The agency’s market research included a search of the VA’s Vendor Information Page (VIP), a database for VA‑verified SDVOSB and VOSB vendors, for vendors registered under the applicable North American Industry Classification System (NAICS) code.[1] Id. at 4-10. In addition, the agency reviewed responses to a request for information (RFI) issued on October 20, 2020. Id. at 9. In response to the March 2021 solicitation, the agency received quotations from six vendors, including Tech62. Contracting Officer’s Statement (COS) at 2. The agency’s evaluation found only one quotation technically acceptable; the remaining five quotations, including the one submitted by Tech62, were found to be technically unacceptable and thus unawardable. Id.; AR, Tab 3c, Market Research Report Addendum 1 at 1‑2. The technically acceptable vendor, however, could not obtain required liability insurance and the agency therefore did not make an award under the March 2021 solicitation. AR, Tab 3c, Market Research Report Addendum 1 at 2. Consequently, the agency cancelled the solicitation on October 25, 2021. Id. Tech62 did not file a protest, either of the agency’s evaluation or of the subsequent cancellation of the solicitation. After conducting further market research, the agency issued RFQ No. 36C24822Q0477 on April 6, 2022, which once again sought a vendor to provide TMP services at Bay Pines. Id. at 19. This time, the solicitation was issued as a small business set-aside with a tiered evaluation structure providing a preference for SDVOSB and VOSB concerns. Id. The contracting officer decided on this procurement method based on market research showing that the SDVOSB concerns identified as potential vendors were either the same vendors previously identified during the initial market research or the same vendors that had submitted unsuccessful quotations under the March 2021 solicitation. Id. at 15-17. In response to the April 2022 RFQ, the agency received three quotations, all from SDVOSBs, including Tech62. COS at 3.