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B-409705.6 1 (2016-12-05)

handle is hein.gao/gaobadsup0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Department of Veterans Affairs--Reconsideration File: B-409705.6 Date: December 5, 2016 Tracy Downing, Esq., Department of Veterans Affairs, for the agency. Richard L. Moorhouse, Esq., Greenberg Traurig, LLP, for B&B Medical Services, Inc. Scott H. Riback, Esq., Tania Calhoun, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency's request that our Office reconsider a prior decision sustaining a protest challenging whether an agency conducted a price realism review, and conclude instead that the protest was untimely, is denied where the record shows that the protest was timely filed within 10 days of the date the agency publicly released the awardee's price. DECISION The Department of Veterans Affairs (VA) requests that we reconsider our decision in B&B Medical Services, Inc.: Ed Medical, Inc., B-409705.4, B-409705.5, June 29, 2015, 2015 CPD 198. In that decision, we sustained the protests of B&B Medical Services, Inc., and Ed Medical, Inc., filed in connection with the award of a contract for home oxygen supply to First Community Care, LLC (FCC) under solicitation No. VA249-14-R-01 73. We found that the VA failed to perform an adequate price realism evaluation of the proposals. The VA's request contends that we erred in finding the protest of B&B Medical timely. We deny the request for reconsideration. BACKGROUND The original protest arose from a small business set-aside procurement conducted by the VA to obtain home oxygen supply services in six different locations in Veterans Integrated Service Network 9 (VISN 9). At the conclusion of the competition, the agency selected two concerns for contract awards, FCC for three