Excelsior Ambulance Service, Inc. (36C24722R0029)

B-421122.2,B-421122.3 Apr 19, 2023 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Excelsior Ambulance Service, Inc. (Excelsior), a service-disabled veteran-owned small business of Ludowici, Georgia, protests the award of a contract to Pro Care Emergency Medical Services (Pro Care EMS), a small business of Lawrenceville, Georgia, under request for proposals (RFP) No. 36C24722R0029, issued by the Department of Veterans Affairs (VA) for ambulance transportation services. The protester argues that the agency's evaluation of the awardee's proposal was unreasonable. 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: Excelsior Ambulance Service, Inc. File: B-421122.2; B-421122.3 Date: April 19, 2023 William M. Weisberg, Esq., Law Offices of William Weisberg, PLLC, for the protester. Natica Chapman Neely, Esq., Department of Veterans Affairs, for the agency. Raymond Richards, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the evaluation of the awardee’s proposal under the past performance factor is denied where the record demonstrates that the evaluation was conducted reasonably and in accordance with the terms of the solicitation. 2. Protest challenging the evaluation of the awardee’s proposal as unreasonable for not assessing whether that firm could perform at the price offered is denied in part and dismissed in part where we conclude that the protest ground represents a misunderstanding of the solicitation’s instructions to offerors and otherwise does not advance a valid basis of protest. DECISION Excelsior Ambulance Service, Inc. (Excelsior), a service‑disabled veteran‑owned small business of Ludowici, Georgia, protests the award of a contract to Pro Care Emergency Medical Services (Pro Care EMS), a small business of Lawrenceville, Georgia, under request for proposals (RFP) No. 36C24722R0029, issued by the Department of Veterans Affairs (VA) for ambulance transportation services. The protester argues that the agency’s evaluation of the awardee’s proposal was unreasonable. We deny the protest. Background The VA issued the RFP on June 24, 2022, as a set‑aside for small business concerns using the procedures of Federal Acquisition Regulation (FAR) part 12, acquisition of commercial products and commercial services, and FAR part 15, contracting by negotiation. Agency Report (AR), Exh. 2, RFP at 1, 93‑94. The RFP explained that the prospective contractor would be called upon to furnish stretcher transportation units, basic life support units, advanced life support units, and the necessary personnel and equipment to provide non‑emergent, urgent, and emergent ambulance transportations services for the beneficiaries of the Atlanta VA health care system. Id. at 16. The RFP contemplated the award of a fixed‑price indefinite‑delivery, indefinite-quantity contract with a 1-year base period and four 1‑year option periods. Id. at 94. Award would be made to the offeror submitting the proposal deemed “most advantageous to the Government,” considering past performance and price, where past performance was considered significantly more important than price. Id. at 94‑95. Proposals were due by July 14, 2022. Id. at 1. The agency received three proposals by the submission deadline, including proposals from Excelsior and Pro Care EMS. Memorandum of Law (MOL) at 2‑3. On August 8, the agency opened discussions and established August 15 as the submission deadline for final revised proposals. Id. at 3; AR, Exh. 7, Discussions Material. Final revised proposals were timely submitted by three offerors including Excelsior and Pro Care EMS. MOL at 3. Based on its evaluation of final revised proposals, the agency selected Pro Care EMS for award. Id. On September 30, Excelsior filed a protest with our Office challenging the agency’s evaluation of Pro Care EMS’s proposal. Excelsior Ambulance Serv., Inc., B‑421122, Oct. 26, 2022 (unpublished decision). In response to the protest, the VA filed a notice of corrective action pledging to reevaluate proposals and make a new award decision. Id. On October 26, our Office dismissed Excelsior’s protest as academic. Id. Following the dismissal of Excelsior’s first protest, the VA implemented its corrective action by reevaluating the final revised proposals submitted by all offerors. MOL at 3‑4; AR, Exh. 1, Source Selection Decision Document (SSDD) at 5. The results of the reevaluation are as follows:   Past Performance[1] Total Evaluated Price Excelsior Substantial Confidence $32,948,100 Pro Care EMS Satisfactory Confidence $17,445,472 Offeror C Neutral $14,698,713   AR, Exh. 1, SSDD at 5‑9.