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B-420726,B-420726.2 Jul 29, 2022 1 (2022-07-29)

handle is hein.gao/gaonmb0001 and id is 1 raw text is: GA.O 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 Decision a GAO Protective Order. This redacted version has been approved for public release. Matter of: Veterans Care Medical Equipment, LLC File: B-420726; B-420726.2 Date: July 29, 2022 David F. Dowd, Esq., Potomac Law Group, PLLC, for the protester. Peter B. Ford, Esq., Katherine B. Burrows, Esq., and Eric A. Valle, Esq., Piliero Mazza PLLC, for Mid-Cities Home Medical Delivery Service, LLC, the intervenor. Daniel J. McFeely, Esq., Department of Veterans Affairs, for the agency. Sarah T. Zaffina, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest arguing that agency improperly required protege partner in Small Business Administration-approved mentor-protege joint venture offeror to individually meet the same experience requirements as other offerors is denied where the record fails to show that the agency imposed such a requirement. 2. Protest alleging that small business awardee should not have been found responsible is dismissed where protester fails to demonstrate circumstances warranting our Office's review of agency's affirmative responsibility determination. DECISION Veterans Care Medical Equipment, LLC (Veterans Care),1 a service-disabled veteran-owned small business (SDVOSB), of Vista, California, protests the award of a contract to Mid-Cities Home Medical Delivery Service, LLC (Mid-Cities Medical), an SDVOSB, of Grand Prairie, Texas, under request for proposals (RFP) 1 Veterans Care is an unpopulated joint venture under an approved Small Business Administration (SBA) mentor-protege agreement. The joint venture consists of Avenue Mori Medical Equipment, Inc. (AMME), the protege and joint venture managing partner, and Rotech Healthcare Inc. (Rotech), the mentor partner and incumbent contractor. Protest at 3; Supp. Comments at 2. As relevant here, a joint venture is unpopulated where personnel who will perform work under a contract are employed by the firms that comprise the joint venture. See 13 C.F.R. § 121.103(h).

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