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B-415583 1 (2017-12-12)

handle is hein.gao/gaobaduby0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has Decision been approved for public release. Matter of: Veterans Choice Medical Equipment, LLC File: B-415583 Date: December 12, 2017 David F. Dowd, Esq., Mayer Brown LLP, for the protester. Barton Evans, Esq., Department of Veterans Affairs, for the agency. Jonathan L. Kang, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging an ambiguity in a solicitation concerning the evaluation of option pricing is dismissed where the agency has taken corrective action which renders the protest academic. 2. Protest challenging the inclusion in a solicitation of an unbalanced pricing clause is dismissed where the protester does not demonstrate that its inclusion violates any procurement laws or regulations. DECISION Veterans Choice Medical Equipment, LLC (VCME), a service-disabled veteran-owned small business (SDVOSB), of Vista, California, protests the terms of request for proposals (RFP) No. VA256-17-R-0994, which was issued by the Department of Veterans Affairs (VA) for home oxygen services. The protester contends that the terms of the solicitation are ambiguous with regard to the evaluation of options and that the RFP does not contain adequate information concerning the agency's intended evaluation of unbalanced pricing. We dismiss the protest. BACKGROUND The VA issued the solicitation on September 22, 2017, under the commercial item provisions of Federal Acquisition Regulation (FAR) part 12. RFP at 74. The RFP is set aside for SDVOSB firms and seeks proposals to provide home oxygen services to various VA medical centers in Veterans Integrated Service Network 16, which includes

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