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B-421948 Sep 27, 2023 1 (2023-09-27)

handle is hein.gao/gaopfs0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States Decision Matter of: Excelsior Ambulance Service, Inc. File: B-421948 Date: September 27, 2023 William M. Weisberg, Esq., Law Offices of William Weisberg, PLLC, for the protester. Deborah K. Morrell, Esq., Department of Veterans Affairs, 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 Protest that agency failed to comply with the solicitation dissemination requirements of Federal Acquisition Regulation part 5 because protester did not receive notification of solicitation posting in the SAM.gov database or directly from the agency is dismissed as legally and factually insufficient where the protester's allegations, even if unrebutted, fail to establish a violation of procurement law by the agency. DECISION Excelsior Ambulance Service, Inc. (EAS), a service-disabled veteran-owned small business (SDVOSB) located in Ludowici, Georgia, protests the actions of the Department of Veterans Affairs (VA) in connection with request for proposals (RFP) No. 36C24723R0003, issued by the VA to obtain advanced life support and stretcher van transportation services. EAS, the incumbent contractor, contends that it intended to submit a proposal for the follow-on contract but was unable to do so because the SAM.gov system failed to provide notification of the solicitation posting and the agency otherwise failed to notify it that the solicitation was posted. We dismiss the protest because, as filed with our Office, it does not establish a valid basis for challenging the agency's actions. The VA issued the RFP on May 26, 2023, as a set-aside for SDVOSB concerns by posting the solicitation on SAM.gov pursuant to the requirements of Federal Acquisition Regulation (FAR) section 5.101(a)(1). This section requires a contracting agency to

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