Vyaire Medical, Inc. (75A50122R00018)

B-421262.2 Mar 08, 2023 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Vyaire Medical, Inc., of Mettawa, Illinois, protests the exclusion of its proposal from the competitive range under request for proposals (RFP) No. 75A50122R00018, issued by the Department of Health and Human Services, for the storage and maintenance of ventilators and powered air purifying respirator systems. The protester contends that the agency unreasonably concluded that its proposal was technically unacceptable. We deny the protest. View Decision 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: Vyaire Medical, Inc. File: B-421262.2 Date: March 8, 2023 Gregory S. Jacobs, Esq., Erin L. Felix, Esq., and Daniel H. Petkoff, Esq., Polsinelli PC, for the protester. Anastasia M. Hautanen, Esq., and Tami S. Hagberg, Esq., Department of Health and Human Services, for the agency. Jacob M. Talcott, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency’s exclusion of the protester’s proposal from the competitive range is denied where the agency’s decision was reasonable and in accordance with the terms of the solicitation. DECISION Vyaire Medical, Inc., of Mettawa, Illinois, protests the exclusion of its proposal from the competitive range under request for proposals (RFP) No. 75A50122R00018, issued by the Department of Health and Human Services, for the storage and maintenance of ventilators and powered air purifying respirator systems. The protester contends that the agency unreasonably concluded that its proposal was technically unacceptable. We deny the protest. BACKGROUND On July 7, 2022, the agency issued the subject solicitation in accordance with Federal Acquisition Regulation (FAR) parts 12 and 15. The RFP anticipated the award of a contract containing both fixed-price and time-and-material line items, for a period of performance of five years, consisting of a transition-in period of six months, one 12‑month base period with three 1-year option periods, and one 6‑month option period. Agency Report (AR), Tab 6, RFP at 18, 53, 61.[1] The due date for proposals was August 8, 2022. Contracting Officer’s Statement (COS) at 3. The RFP provided for the evaluation of proposals under four factors: technical compliance, technical capability, past performance, and price. RFP at 58. As relevant here, under the technical compliance factor, the agency would evaluate whether offerors had proposed medical equipment management facilities that met the facility requirements identified in section C.5 of the solicitation. Id. at 58. Under section C.5, the RFP provided specific criteria for the medical equipment management facilities that offerors were required to meet. For example, the RFP required that the facilities were to be located within 30 miles of the international airports of Atlanta, Baltimore, Salt Lake City, Memphis, Dallas, and Indianapolis. Id. at 25. Additionally, within 6 months of award, offerors were to obtain occupancy and appropriate licenses, and transition to these facilities. Id. The remainder of section C.5 listed several requirements and prohibitions for proposed facilities.[2] Id. at 25‑26. The RFP provided that the technical compliance factor would be evaluated on a “go/no-go” basis, meaning that any proposal that failed to satisfy the requirements under this factor would be deemed “technically unacceptable” and would not be evaluated under the remaining factors.[3] Id. at 58. The Initial Evaluation and Vyaire’s First Protest Vyaire submitted its proposal on August 8. COS at 3. After reviewing the proposal, the technical evaluation panel (TEP) recommended that the agency find Vyaire’s proposal technically unacceptable because Vyaire’s proposed facilities failed to meet the requirements of section C.5. Id. Accordingly, on October 21, the agency notified Vyaire that its proposal was technically unacceptable and was excluded from the competitive range. Id. Vyaire requested a debriefing, which the agency provided on October 25. Id. On November 4, Vyaire filed a protest with our Office, challenging the agency’s finding that its proposal was technically unacceptable and the decision to exclude its proposal from the competitive range. Protest, exh. D, November 4 Protest at 1. On November 30, the agency informed our Office that it intended to take corrective action. COS at 4. Specifically, the agency stated that it would reevaluate its competitive range determination. Id. Accordingly, our Office dismissed Vyaire’s protest as academic on December 5. Vyaire Med., Inc., B‑421262, Dec.