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B-400163 1 (2008-07-24)

handle is hein.gao/gaocrptawbk0001 and id is 1 raw text is: G A A Comptroller General of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Commonwealth Home Health Care, Inc. File: B-400163 Date: July 24, 2008 Robert A. Giannini for the protester. Harold W. Askins III, Esq., Department of Veterans Affairs, for the agency. Edward Goldstein, Esq., and Christine S. Melody, Esq., Office of General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly set aside procurement for small business concerns is denied where the agency performed market research and reasonably concluded that adequate small business competition could be expected. DECISION Commonwealth Home Health Care, Inc. protests the terms of request for proposals (RFP) No. VA-247-08-RP-0160, issued by the Department of Veterans Affairs (VA) for supplies and services supporting the provision of oxygen to veterans in Decatur, Georgia and the surrounding area. Commonwealth argues that the solicitation was improperly restricted to small business concerns and was improperly categorized as a supply contract, as opposed to a contract for services. We deny the protest. Commonwealth is the incumbent VA contractor providing home oxygen to veterans in the Decatur, Georgia area. The RFP provides for the award of a requirements contract to provide oxygen and rental oxygen equipment for a base year with 4 option years. In addition to the supply of oxygen and rental equipment, the contractor is to provide a variety of services, including equipment delivery and set-up, patient education, re-supply, emergency services (for delivery of oxygen), and reporting. RFP, Statement of Work, at 13-25. The VA states that it initially issued the RFP on an unrestricted basis. Subsequently, another firm filed a protest challenging the VA's issuance on an unrestricted basis of a similar solicitation for home oxygen in the area of Atlanta, Georgia; that protest

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