The protester contended that the agency failed to address the requirement for vendors to possess wholesaler-distributor licenses at the time of proposal submission. GAO ruled the protest was untimely since it was filed more than 10 days after the agency’s initial adverse action.
RAS Enterprises, LLC, GAO, B-423802
- Background - The Department of Veterans Affairs issued a request for quotations (RFQ) for medical gas cylinders, and it specifically set it aside for service-disabled veteran-owned small businesses. The protester filed an agency-level protest concerning the agency's decision not to require vendors to submit proof of wholesaler-distributor licenses. After the agency's initial adverse action was determined, the protester filed a second protest, which was ultimately dismissed. The protester then escalated the matter to GAO.
- Timeliness Issue - GAO dismissed the protest as untimely because it was submitted more than 10 calendar days after the agency’s initial adverse action. The agency argued that its decision to continue with the RFQ process after receiving proposals constituted adverse agency action. According to GAO's regulations, any subsequent protest must be filed within 10 days of the protester's knowledge of this initial adverse action. Thus, the protester was required to file by July 18, 2025, but did not submit until August 7, 2025.
The protester is represented by Thomas G. Oddo, Esq. of Lillig & Thorsness, Ltd. The government is represented by Natica Chapman Neely, Esq. of the Department of Veterans Affairs. GAO attorneys Suresh S. Boodram, Esq., and Evan D. Wesser, Esq., participated in the decision.