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B-418631.8 Aug 13, 2021 1 (2021-08-13)

handle is hein.gao/gaombz0001 and id is 1 raw text is:  1O  o   U.S. GOVERNMENT ACCOUNTABILITY OFFICE
A Century of Non-Partisan Fact-Based Work
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
Decision                           a GAO Protective Order. This redacted version has
been approved for public release.
Matter of: Apex Transit Solutions, LLC--Costs
File:     B-418631.8
Date:     August 13, 2021
Manju Gupta, Esq., and Halden R. Schwallie, Esq., Ulmer & Berne LLP, for the
protester.
Kimberly Kegowicz, Esq., Department of Veterans Affairs, for the agency.
Kasia Dourney, Esq., and Evan C. Williams, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST
1. Request that GAO recommend reimbursement of costs of filing and pursuing
protests challenging the agency's evaluation of past performance is granted in part,
where the primary issue presented was clearly meritorious, yet the agency unduly
delayed taking corrective action; reimbursement is also recommended with regard to
other allegations that were intertwined with clearly meritorious protest ground.
2. Request that GAO recommend reimbursement of protest costs related to challenge
to the price evaluation is denied where the allegation was not clearly meritorious and
not intertwined with clearly meritorious protest ground.
3. Request for a recommendation of reimbursement of costs of filing and pursuing
multiple prior protests is dismissed as untimely where the request effectively seeks
reconsideration of a decision denying a prior request that the same protest costs be
reimbursed.
DECISION
Apex Transit Solutions, LLC, a small business of Cleveland, Ohio, requests that our
Office recommend that the firm be reimbursed the reasonable costs of filing and
pursuing its protests of the contract awards to GC Logistics, LLC, a service-disabled
veteran-owned small business, of Ridgeland, Mississippi. The contract awards were
made under requests for quotations (RFQ) Nos. 36C25019Q0494 and
36C2502000093, issued by the Department of Veterans Affairs (VA) for ambulette
transportation services for the VA Cleveland Healthcare System located in Cleveland,
Ohio. Apex contends that the VA failed to properly implement multiple corrective
actions taken in response to protests related to this procurement. In its most recent