Excelsior Ambulance Service, Inc. (36C24924Q0020)
Case: B-422177.4
Agency: Department of Veterans Affairs : Department of Veterans Affairs
Protester: Excelsior Ambulance Service, Inc.
Date: 2024-06-14
Denied
B-422177.4
Jun 14, 2024
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Highlights
Excelsior Ambulance Service, Inc., a service-disabled veteran-owned small business (SDVOSB), of Ludowici, Georgia, protests the award of a contract to GovTranz, LLC, also an SDVOSB, of Salt Lake City, Utah, under request for quotations (RFQ) No. 36C24924Q0020, issued by the Department of Veterans Affairs for non-emergency patient transportation services for the Tennessee Valley Healthcare System. Excelsior argues that the agency unreasonably evaluated GovTranz's past performance.
We deny the protest.
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Decision
Matter of: Excelsior Ambulance Service, Inc.
File: B-422177.4
Date: June 14, 2024
William M. Weisberg, Esq., Law Offices of William Weisberg PLLC, for the protester.
Stephanie L. Ellis, Esq., Nicole Pottroff, Esq., John L. Holtz, Esq., and Shane McCall, Esq., Koprince, McCall & Pottroff, LLC, for GovTranz, LLC, the intervenor.
Deborah K. Morrell, Esq., Department of Veterans Affairs, for the agency.
Cosette Vincent, Christine Milne, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest that the agency unreasonably evaluated the awardee’s quotation is denied where the record shows that the agency reasonably evaluated the awardee’s quotation in accordance with the terms of the solicitation and procurement laws and regulations.
DECISION
Excelsior Ambulance Service, Inc., a service-disabled veteran-owned small business (SDVOSB), of Ludowici, Georgia, protests the award of a contract to GovTranz, LLC, also an SDVOSB, of Salt Lake City, Utah, under request for quotations (RFQ) No. 36C24924Q0020, issued by the Department of Veterans Affairs for non-emergency patient transportation services for the Tennessee Valley Healthcare System. Excelsior argues that the agency unreasonably evaluated GovTranz’s past performance.
We deny the protest.
BACKGROUND
The agency issued the RFQ on October 20, 2023, as a total SDVOSB set-aside pursuant to Federal Acquisition Regulation (FAR) part 13, simplified acquisition procedures. Agency Report (AR), Tab 3, RFQ at 1; Contracting Officer’s Statement (COS) at 1. The solicitation required non-emergent patient transportation services for the Tennessee Valley Healthcare System’s veterans and beneficiaries from their place of origin to their destination, including providing wheelchair van services and other overland transportation. RFQ at 16. The solicitation contemplated the award of a 5‑year requirements contract with five consecutive 1-year ordering periods. Id. at 1.
Award was to be made to the vendor with the lowest-priced, technically acceptable quotation considering technical capability,[1] past performance, and price factors. Id. at 82-85.
Under the technical capability factor, vendors were to provide a narrative description of their ability to perform the required services and demonstrate at least three years of experience providing non-emergent patient transportation services. Id. at 82-83. This factor was assigned a rating of either technically acceptable or unacceptable. Id.
Under the past performance factor, vendors were required to provide at least three past performance questionnaires discussing performance that was relevant and recent where the vendor received a rating of at least satisfactory. Id. at 84. Relevant was defined as at least three years of experience providing transportation services for medical facilities. Id. Recent was defined as work performed within the last three years. Id. In evaluating a vendor’s past performance, the agency considered customer satisfaction, responsiveness to customer needs, and vendors’ ability to meet delivery schedules. Id. The RFQ also stated that:
In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”
Id. at 84-85.
This factor was also assigned a rating of either acceptable or unacceptable. Id. at 83-84. Price, which is not at issue here, was evaluated for reasonableness. Id. at 82.
Twelve vendors submitted quotations, including Excelsior and GovTranz. COS at 1-2. Of these, four quotations were found to be technically acceptable. AR, Tab 10, Source Selection Decision Document (SSDD) at 5. Two of the four were submitted by GovTranz.[2] Id.; COS at 1-2. GovTranz is a Small Business Administration (SBA) approved mentor-protégé joint venture firm formed between Evulum, LLC, (the protégé) and Navarre Corporation (the mentor) in January 2023.
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