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B-422751,B-422751.2 Oct 11, 2024 1 (2024-10-11)

handle is hein.gao/gaoqyj0001 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. No party requested redactions; D eCIsio we are therefore releasing the decision in its entirety. Matter of: Hometown Veterans Medical, LLC File: B-422751; B-422751.2 Date: October 11, 2024 William M. Jack, Esq., and Ken M. Kanzawa, Esq., Kelley Drye & Warren LLP, for the protester. Deborah K. Morrell, 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 improperly rejected protester's proposal is sustained where the agency conducted an initial cursory review of proposals and rejected the proposal of the protester (and other proposals) that had not submitted copies of two representations even though the solicitation did not expressly require their submission with the proposal or state that such a review would be used to evaluate proposals and thus misevaluated the proposals by applying unstated evaluation criteria. DECISION Hometown Veterans Medical, LLC, of Whitley City, Kentucky, a small business, protests the rejection of its proposal under request for proposals (RFP) No. 36C24724R0054, issued by the Department of Veterans Affairs (VA) for home oxygen services for patients served by the VA's Birmingham Veterans Medical Center, in Birmingham, Alabama. Hometown argues that the VA improperly rejected the firm's proposal as unacceptable. We sustain the protest. BACKGROUND The RFP, issued on April 29, 2024, sought proposals from service-disabled veteran- owned small businesses to provide commercial home oxygen services to patients of the VA's Birmingham Veterans Medical Center, which is part of the VA's Veterans Integrated Service Network 7. The RFP employs commercial item procedures of Federal Acquisition Regulation (FAR) part 12 and provides that proposals would be

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