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B-414471.7,B-414471.8,B-414471.9 Jul 24, 2023 1 (2023-07-24)

handle is hein.gao/gaoozy0001 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 a GAO Protective Order. This redacted version has Decisionben do res - - - - - - been approved for public release. Matter of: B&B Medical Services, Inc. File: B-414471.7; B-414471.8; B-414471.9 Date: July 24, 2023 William M. Jack, Esq., and Ken M. Kanzawa, Esq., Kelley Drye & Warren LLP, and Richard L. Moorhouse, Esq., Greenberg Traurig LLP, for the protester. John E. McCarthy, Jr., Esq., and Issac D. Schabes, Esq., Crowell & Moring LLP, for Apria Healthcare, LLC, the intervenor. Daniel J. McFeely, Esq., Department of Veterans Affairs, for the agency. Uri R. Yoo, Esq., and Alexander O. Levine, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that estimated quantities in a solicitation did not accurately reflect agency's needs is denied where agency reasonably derived estimates from historical and current usage data and where protester has not demonstrated prejudice from any inaccuracies. 2. Protest that agency failed to consider effect of corporate transaction involving the stock purchase of an entity at least three corporate levels above awardee is denied where agency considered the transaction and reasonably determined that it did not affect awardee's responsibility or the evaluation of awardee's proposal. 3. Protest that awardee misrepresented the availability and qualifications of key personnel is denied where solicitation did not require identification of key personnel and the record reflects that the awardee's identification of personnel had no effect on the agency's evaluation. DECISION B&B Medical Services, Inc., of Oklahoma City, Oklahoma, protests the award of six related contracts to Apria Healthcare, LLC under request for proposals (RFP) No. VA261-15-R-0042, issued by the Department of Veterans Affairs (VA) for in-home oxygen and ventilator services. The protester argues that the solicitation did not properly reflect the agency's requirements, the agency failed to consider a corporate transaction relevant to its evaluation of the awardee's responsibility and technical

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