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B-421122.2,B-421122.3 Apr 19, 2023 1 (2023-04-19)

handle is hein.gao/gaoonr0001 and id is 1 raw text is: 



                    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:   Excelsior Ambulance Service, Inc.

File:     B-421122.2; B-421122.3

Date:     April  19, 2023

William M. Weisberg, Esq., Law Offices of William Weisberg, PLLC, for the protester.
Natica Chapman  Neely, Esq., Department of Veterans Affairs, for the agency.
Raymond   Richards, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

1. Protest challenging the evaluation of the awardee's proposal under the past
performance factor is denied where the record demonstrates that the evaluation was
conducted reasonably and in accordance with the terms of the solicitation.

2. Protest challenging the evaluation of the awardee's proposal as unreasonable for not
assessing whether that firm could perform at the price offered is denied in part and
dismissed in part where we conclude that the protest ground represents a
misunderstanding of the solicitation's instructions to offerors and otherwise does not
advance  a valid basis of protest.
DECISION

Excelsior Ambulance Service, Inc. (Excelsior), a service-disabled veteran-owned small
business of Ludowici, Georgia, protests the award of a contract to Pro Care Emergency
Medical Services (Pro Care EMS), a small business of Lawrenceville, Georgia, under
request for proposals (RFP) No. 36C24722R0029, issued by the Department of
Veterans Affairs (VA) for ambulance transportation services. The protester argues that
the agency's evaluation of the awardee's proposal was unreasonable.

We  deny the protest.

BACKGROUND

The VA  issued the RFP on June 24, 2022, as a set-aside for small business concerns
using the procedures of Federal Acquisition Regulation (FAR) part 12, acquisition of
commercial products and commercial services, and FAR part 15, contracting by

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