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B-412692 1 (2016-04-20)

handle is hein.gao/gaobadsdl0001 and id is 1 raw text is: G A O Comptroller General A Accountabilty * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to Decision a GAO Protective Order. This redacted version has been approved for public release. Matter of: Express Medical Transporters, Inc. File: B-412692 Date: April 20, 2016 E.A. Seth Mills, Jr., Esq., and Jordan Miller, Esq., Mills Paskert Divers, for the protester. Mark M. Barber, Esq., and David M. Brickhouse, Esq., Broad and Cassel, for the intervenor, Wheelchair Transport Service, Inc. Neil S. Deol, Esq., Department of Veterans Affairs, for the agency. Elizabeth Witwer, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest alleging that the awardee's proposal violated the solicitation's subcontracting limitation clause is denied where the awardee's proposal did not indicate that the awardee took exception to the limitation. 2. Protest alleging that the agency failed to forward the protester's challenge to the awardee's size status to the Small Business Administration (SBA) is dismissed as academic where the record demonstrates that the agency subsequently forwarded the protest to the SBA. DECISION Express Medical Transporters, Inc. (EMT), a small business, of St. Louis, Missouri, protests the award of a contract to Wheelchair Transport Services, Inc. (WTS), a small business, of Clearwater, Florida, under request for proposals (RFP) No. VA248-15-R-0828, issued by the Department of Veterans Affairs (VA) for non- emergency special mode transportation services for beneficiaries at the James A. Haley Veterans' Hospital in Tampa, Florida. EMT contends that the awardee's proposal should have led the agency to conclude that the awardee had specifically taken exception to the subcontracting limitation in Federal Acquisition Regulation (FAR) clause 52.219-14. EMT also contends that the agency erred in not forwarding EMT's protest of WTS's size status to the Small Business Administration (SBA).

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