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B-412793.2 1 (2016-08-05)

handle is hein.gao/gaobadskw0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * Integrity * Reliability 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. D e c i s i o n - .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . .. Matter of: NEIE Medical Waste Services, LLC File: B-412793.2 Date: August 5, 2016 William E. Hughes III, Esq., and Emily A. Constantine, Esq., Whyte Hirschboeck Dudek SC, for the protester. Harold W. Askins III, Esq., Department of Veterans Affairs, for the agency. Paula J. Haurilesko, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that awardee's proposal demonstrates the firm cannot meet the limitation on subcontracting is denied, where the protester identifies nothing on the face of the awardee's proposal that indicates an intention not to comply with the limitation. 2. Protest that awardee's proposal does not comply with a definitive responsibility criterion is denied, where the identified solicitation provision lacks the specificity required of a definitive responsibility criterion. 3. In a procurement where award is to be made on a lowest-priced, technically acceptable basis, protest that awardee cannot meet the past performance requirement to be regularly established in the business of providing the services is denied, where awardee's proposal would be technically acceptable even with a neutral past performance rating. DECISION NEIE Medical Waste Services, LLC, of Blairsville, Pennsylvania, protests the award of a contract to REG Products, LLC, doing business as VETUS Environmental Services, LLC, of Ponte Vedra Beach, Florida, by the Department of Veterans Affairs (VA) under request for quotations (RFQ) No. VA248-16-Q-0235 for pick-up and disposal of general, recyclable, and regulated medical waste. NEIE maintains that REG Products cannot comply with the limitation on subcontracting or with a definitive responsibility criterion. We deny the protest.

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