[Protest of VA Procedures Under Solicitation for Oxygen Services]

A firm protested a Veterans Administration (VA) contract award for oxygen services, contending that: (1) VA improperly excluded it from competition; (2) the Small Business Administration (SBA) applied an incorrect business size standard to the procurement; and (3) the awardee was not a small business. GAO held that: (1) VA properly excluded the protester from competition, since the protester did not meet the size standard for a small business; (2) it would not consider the allegation concerning the size determination, since that was for SBA and VA to determine; and (3) although SBA determined that the awardee was not a small business, the protester was not prejudiced by the award, since the determination did not affect the protested contract. Accordingly, the protest was denied in part and dismissed in part.