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![handle is hein.gao/gaocrptagcg0001 and id is 1 raw text is:
oComptroller General
of the United States
Washington, D.C. 20548
Decision
Matter of: Lifeline Ambulance Services, Inc.
File: B-277415
Date: September 22, 1997
Richard L. Grier, Esq., and Cathryn L. Ammermann, Esq., Mays & Valentine, for the
protester.
Merilee D. Rosenberg, Esq., Philip Kauffman, Esq., and Phillipa L. Anderson, Esq.,
Department of Veterans Affairs, for the agency.
Sylvia Schatz, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST
Solicitation requiring vendors to hold city franchise or permit to provide emergency
ambulance services is not impermissably restrictive--even though, as a result, only
one firm may be able to compete--where requirement is necessary to meet
legitimate agency need of ensuring that contractor will be able to perform services
without disruption caused by city's efforts to enforce its permit requirement.
DECISION
Lifeline Ambulance Services, Inc. protests a provision in Department of Veterans
Affairs (VA) request for quotations (RFQ) No. 652-82-97, issued under simplified
acquisition procedures for ambulance services in Richmond, Virginia. The protester
maintains that the requirement for a franchise or permit from the city of Richmond
granting authority to provide emergency ambulance services (1) unduly restricts
competition because only one firm possesses a franchise or permit, and
(2) improperly permits a locality to prevent the federal government from selecting
whichever firm it deems responsible to perform.
We deny the protest.
The RFQ includes Federal Acquisition Regulation (FAR) § 52.212-4, which, among
other provisions, requires the contractor to comply with all applicable Federal,
State, and local laws, executive orders, rules and regulations applicable to its
performance under this contract. FAR § 52.212-4(q). This provision had the effect
of incorporating into the RFQ a Richmond city ordinance which provides, in part,
that [i]t shall be unlawful for any person to transport a patient in an emergency
medical services vehicle without holding a City franchise or permit. Richmond, VA,
Code of the City of Richmond § 10-58(a). The ordinance further states that [a]ny
police officer of the City may issue a warrant, citation or summons charging a](ViewImageLocal?handle=hein.gao/gaocrptagcg0001&div=1&collection=&method=preview&ext=.png&size=3)