RAS Enterprises, LLC (36C26225Q0905)

B-423802 Sep 22, 2025 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights RAS Enterprises, LLC, a service-disabled veteran-owned small business (SDVOSB) of Gulfport, Mississippi, challenges the terms of request for quotations (RFQ) No. 36C26225Q0905, issued by the Department of Veterans Affairs for medical gas cylinders. The protester challenges the agency's decision to not require vendors to possess wholesaler distributor (WD) licenses at the time of quotation submission. We dismiss the protest as untimely because it was filed more than 10 calendar days after the protester received actual or constructive knowledge of initial adverse agency action on its prior agency-level protest. View Decision Decision Matter of: RAS Enterprises, LLC File: B-423802 Date: September 22, 2025 Thomas G. Oddo, Esq., Lillig & Thorsness, Ltd., for the protester. Natica Chapman Neely, Esq., Department of Veterans Affairs, for the agency. Suresh S. Boodram, Esq., and Evan D. Wesser, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the terms of the solicitation is dismissed as untimely where it was not filed at GAO within 10 days of the solicitation's closing date for receipt of revised proposals, which constituted initial adverse agency action on the protester's agency-level protest. DECISION RAS Enterprises, LLC, a service-disabled veteran-owned small business (SDVOSB) of Gulfport, Mississippi, challenges the terms of request for quotations (RFQ) No. 36C26225Q0905, issued by the Department of Veterans Affairs for medical gas cylinders. The protester challenges the agency's decision to not require vendors to possess wholesaler distributor (WD) licenses at the time of quotation submission. We dismiss the protest as untimely because it was filed more than 10 calendar days after the protester received actual or constructive knowledge of initial adverse agency action on its prior agency-level protest. On May 14, 2025, the agency issued the RFQ, which was subsequently twice amended, on www.sam.gov as an SDVOSB set-aside for the provision of medical gas cylinders for the Phoenix VA Healthcare System.[1] Req. for Dismissal at 1; Req. for Dismissal, exh. 1, RFQ at 1, 5. The RFQ established the due date for quotations as May 27, 2025, at 3:00 p.m. Pacific Standard Time (PST). Req. For Dismissal, exh. 1, RFQ at 1. On May 27, 2025, at 2:25 p.m. PST, the protester filed an agency-level protest with the contracting officer. Req. for Dismissal at 2; exh. 3, May 27 Agency Protest at 1. In its protest, the protester alleged that the RFQ was defective, in part, because it did not require vendors at the time of quotation submission to possess WD licenses from the state where the vendor is headquartered and in Arizona, where the medical gas cylinders would be delivered. Id. at 3. On June 30, 2025, the contracting officer, in response to the protester's first agency-level protest, determined that the RFQ included errors and that corrective action was required. Req. for Dismissal, exh. 4, June 30 Contracting Officer's (CO) Decision at 1. On the same day, the agency issued amendment two to the RFQ which, in part, purported to add Federal Acquisition Regulations (FAR) clause 52.212-4(q) to the RFQ after the agency believed the clause had been erroneously removed. Req. for Dismissal, exh. 5, RFQ amend. 0002 at 1. FAR clause 52.212-4(q) states that contractors “shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.” FAR clause 52.212-4(q). Contrary to the agency's assertion, however, the original RFQ included FAR clause 52.212‑4(q) and the first amendment to the RFQ did not appear to remove the FAR clause. Req. For Dismissal, exh. 1, RFQ at 18; see generally exh. 2, amend. 0001. The amendment also extended the due date for quotations to July 8, 2025, at 3:00 p.m. PST. Req. for Dismissal, exh. 5, RFQ amend. 0002 at 1. As relevant to this protest, the amendment did not require vendors to submit their WD licenses with their quotations. On July 8, 2025, at 10:51 a.m. PST, the protester filed a second agency-level protest in which the protester reraised its initial argument from its first agency-level protest that the agency should require offerors to submit proof of their respective WD licenses with their quotations. Req. for Dismissal at 3; exh. 6, July 8 Agency Protest at 1-2. At 3:00 p.m. PST on the same day, the RFQ closed. On July 28, 2025, the agency dismissed the protester's second-agency protest because it found that the inclusion of FAR clause 52.212-4(q) remedied the issue raised by the protester. Req. for Dismissal, exh. 7, July 28 CO Decision at 1. On July 30, 2025, the agency awarded the contract to RCG of North Carolina, LLC. Req. for Dismissal, exh. 9, Award Decision at 2.