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B-416365.2 1 (2019-01-28)

handle is hein.gao/gaobadvmg0001 and id is 1 raw text is: GAO 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 Decision .been approved for public release. Matter of: Community Surgical Supply of Toms River, Inc. File: B-416365.2 Date: January 28, 2019 Paul W. Bowen, Esq., Joshua I. Skora, Esq., Amy Conant Hoang, Esq., and Erica L. Bakies, Esq., K&L Gates LLP, for the protester. Donald C. Mobly, Esq., and Natica Chapman Neely, Esq., Department of Veterans Affairs, for the agency. Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency decision to issue solicitation for home oxygen services and supplies as a small business set-aside was improper is denied where record adequately supported agency's business judgment that market research, record of previous procurement efforts, and small business performance on awarded contracts for similar services justified setting aside the requirement. DECISION Community Surgical Supply of Toms River, Inc., of Tom's River, New Jersey, protests the terms of request for proposals (RFP) No. 36C25018R0234, issued by the Department of Veterans Affairs (VA) to provide home oxygen services and related equipment and supplies for veterans located in the service areas of Chillicothe, Cincinnati, Cleveland, Dayton, and Columbus, Ohio, known together as veteran integrated service network (VISN) 10 Ohio. Community, which is currently the incumbent contractor, argues that the VA decision to issue the RFP as a small business set-aside is improper mainly because the RFP anticipates that the contractor will be required to transition existing patients to home-fill oxygen systems from other types of oxygen systems.1 1 Although Community acknowledges that it is not a small business under the RFP, our Office regards a large business that is a prospective offeror as an interested party to challenge the basis of the decision to set aside a solicitation. Ace-Federal Reporters, Inc., B-241309, Dec. 14, 1990, 90-2 CPD 438 at 3 n.2.

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