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B-419691 Jun 24, 2021 1 (2021-06-24)

handle is hein.gao/gaomaz0001 and id is 1 raw text is: 1O   o   U.S. GOVERNMENT ACCOUNTABILITY OFFICE
A Century of Non-Partisan Fact-Based Work
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
Decision                           a GAO Protective Order. This redacted version has
been approved for public release.
Matter of:  RCG of North Carolina, LLC
File:     B-419691
Date:     June 24, 2021
Alan Grayson, Esq., for the protester.
Natica Chapman Neely, Esq., and Deborah K. Morrell, Esq., Department of Veterans
Affairs, for the agency.
Young H. Cho, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST
Protest of short-term, sole-source awards to a service-disabled veteran-owned small
business by the Department of Veterans Affairs is denied where the awards were
properly made under the authority of the Veterans First Contracting Program.
DECISION
RCG of North Carolina, LLC, a service-disabled veteran-owned small business
(SDVOSB), of Raeford, North Carolina, protests the award of three short-term,
sole-source contracts to RAS Enterprise, LLC, also an SDVOSB, of Gulfport,
Mississippi, by the Department of Veterans Affairs (VA), for medical grade bulk liquid
oxygen and associated services. The protester alleges that the sole-source awards
violate procurement law, and the agency should have competed the requirements
amongst SDVOSBs.
We deny the protest.
BACKGROUND
The VA has a requirement for the provision of medical grade bulk liquid oxygen for
medical facilities within its Veterans Integrated Service Networks (VISNs). Contracting
Officer's Statement (COS) at 1. According to the agency, medical facilities performing
procedures such as surgery or colonoscopy--where the patient is either unconscious or
sedated short of unconsciousness--need supplemental oxygen to maintain metabolism
and organ function. Id., attach. 1, Mission Impact Statement at ¶ 4. Healthcare facilities
use medical grade liquid oxygen, a concentrated pure form of oxygen without
contaminants, to meet the patients' needs. Id. Because these procedures are

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