Asteri Consulting Services, LLC (HT940723Q0001)

B-421799,B-421799.2 Oct 16, 2023 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Asteri Consulting Services, LLC d/b/a Asteri EMS, a small business located in Colorado Springs, Colorado, protests the award of a contract to Legacy EMS, Inc., a small business located in Alexandria, Louisiana, under request for quotations (RFQ) No. HT9407-23-Q-0001 issued by the Department of Defense (DOD), Defense Health Agency (DHA) for ground ambulance services. Asteri, the incumbent contractor, argues that the agency unreasonably evaluated the awardee's experience, conducted unequal discussions, performed an unreasonable price analysis, and that the resulting selection decision was flawed. 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: Asteri Consulting Services, LLC d/b/a Asteri EMS File: B-421799; B-421799.2 Date: October 16, 2023 Samuel Van Kopp, Esq., Michael Bhargava, Esq., Lynne Halbrooks, Esq., and Robert Nichols, Esq., Nichols Liu LLP, for the protester. Bradley L. Drell, Esq., and Heather M. Mathews, Esq., Gold Weems Bruser Sues & Rundell, for Legacy EMS, Inc., the intervenor. Morgan L. Hilgendorf, Esq., and Brent F. Osgood, Esq., Department of Defense, for the agency. Paula A. Williams, Esq., and Evan D. Wesser, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the agency’s evaluation and selection of a lower-priced quotation evaluated as technically equal to the protester’s is denied where the record shows that the agency’s evaluation and selection decision were reasonable and consistent with the terms of the solicitation. 2. Protest asserting that agency conducted discussions with the awardee but not with the protester, is denied where the communication sent by the agency to the awardee constituted clarifications rather than discussions. DECISION Asteri Consulting Services, LLC d/b/a Asteri EMS, a small business located in Colorado Springs, Colorado, protests the award of a contract to Legacy EMS, Inc., a small business located in Alexandria, Louisiana, under request for quotations (RFQ) No. HT9407-23-Q-0001 issued by the Department of Defense (DOD), Defense Health Agency (DHA) for ground ambulance services. Asteri, the incumbent contractor, argues that the agency unreasonably evaluated the awardee’s experience, conducted unequal discussions, performed an unreasonable price analysis, and that the resulting selection decision was flawed. We deny the protest. BACKGROUND On May 30, 2023, DHA issued the RFQ pursuant to the procedures of Federal Acquisition Regulation (FAR) part 12, Acquisition of Commercial Products and Commercial Services, and FAR subpart 13.5, Simplified Procedures for Certain Commercial Products and Commercial Services.[1] RFQ at 27. The RFQ, which was set aside for small business concerns, sought quotations for a contractor to provide ground ambulance services at the United States Air Force Academy (USAFA) in Colorado Springs, Colorado. As is relevant here, the performance work statement (PWS) stated that the selected contractor was required to provide a minimum of three dedicated ambulances covering the following areas: Entire North area of USAFA (referred to as the North Cadet Area). The ambulance must be physically located in the North Cadet Area. This area requires 24/7 coverage. Entire Flight Line (referred to as Flight Line area). The ambulance must be physically located in the Flight Line area. This area requires coverage only during flight hours. Roving area covering the Southern and Central Areas (referred to as Roving area). This area requires 24/7 coverage. Agency Report (AR) Exh. 10, Revised PWS at 14. Additionally, the contractor will provide ambulance services “during USAFA base exercises, special events, sports/athletic events, specialized training, and in-flight emergencies.” Id. The RFQ contemplated award of a fixed-price contract with a 30-day phase-in period, an 11-month base period, and two 1-year option periods. RFQ at 3-7; AR Exh. 10, Revised PWS at 2. Award would be made to the vendor whose quotation, conforming to the solicitation would be most advantageous to the government, price and other non-price factors considered. RFQ at 29. The non-price factors were listed as: (1) experience; (2) responses to quote response form; and (3) past performance. Id. Vendors were instructed to provide a completed quote response form (RFQ attach. 4);[2] a completed pricing worksheet (RFQ attach. 3);[3] and a mission-essential contractor services plan.[4] Id. at 28. As to the experience factor, vendors were to describe their experience providing services on no more than three contracts demonstrating the vendor’s ability to fulfill the solicitation requirements. AR Exh. 8, RFQ attach.