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B-407113,B-407113.2 1 (2012-11-08)

handle is hein.gao/gaobadpjh0001 and id is 1 raw text is: G A 0Comptroller General c ity * Integrity * Rellability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - i Decision Matter of: American Medical Equipment Company File: B-407113; B-407113.2 Date: November 8, 2012 Gerald H. Werfel, Esq., Pompan, Murray & Werfel, PLC, and H. Todd Whay, Esq., The Whay Law Firm, for the protester. Barton B. Evans, Esq., Department of Veterans Affairs, and Kevin R. Harber, Esq., Small Business Administration, for the agencies. Brent Burrs, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency determination not to set aside procurement for small businesses was proper where the record shows that the agency conducted broad market research and responses from small business firms demonstrated that it was not likely to receive proposals from at least two responsible small businesses capable of meeting the requirements of the solicitation. DECISION American Medical Equipment Company (AMEC), of Houston, Texas, protests the terms of request for proposals (RFP) No. VA256-12-R-0059, issued by the Department of Veterans Affairs (VA) for home oxygen services for beneficiaries in Veterans Integrated Service Network 16 (VISN 16). AMEC, a small business, contends that the VA failed to perform adequate market research to ascertain the interest and capability of small businesses to perform the solicitation requirements, and that the solicitation should have been set-aside, in its entirety, for small business concerns. We deny the protest. BACKGROUND The RFP, issued on May 31, 2012 as a partial small business set-aside, provides for the award of two requirements contracts, each with a 1-year base period and four 1- year options. Agency Report (AR), Exhibit (Exh.) 6, RFP, at 5. The home oxygen

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