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B-292502,B-292502.2,B-292503,B-292503.2 1 (2003-09-26)

handle is hein.gao/gaobacykn0001 and id is 1 raw text is: 


  I

         G    A     0Comptroller General
 .. . .Accountability * Integrity * Reliability                      of the United States
United States General Accounting Office
Washington, DC 20548


             D   ..
         Decision


         Matter  of:  DataTrak Consulting, Inc.

         File:        B-292502; B-292502.2; B-292503; B-292503.2

         Date:        September 26, 2003

         Terry L. Pechota, Esq., Pechota Leach & Dewell LLP, and Karen D. Powell, Esq.,
         Petrillo & Powell, PLLC, for the protester.
         Michael Colvin, Department of Health and Human Services, for the agency.
         Paula A. Williams, Esq., Paul I. Lieberman, Esq., and Michael R. Golden, Esq., Office
         of the General Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Contracting agency had a reasonable basis to cancel request for quotations and
         recompete  requirement for third party billing support services where the only quote
         that was received in response to the initial solicitation was evaluated as
         unacceptable and the record shows that during the course of evaluation the agency
         reasonably concluded that initial solicitation no longer meets the agency's needs.
         DECISION

         DataTrak Consulting, Inc. protests the evaluation of its quotation as unacceptable
         and the subsequent cancellation of request for quotations (RFQ) No. 03-085, issued
         by the Indian Health Service (IHS), Department of Health and Human Services (HHS)
         as a Buy-Indian set aside for third party billing support services at the Ft. Berthold
         Service Unit/Minnetohe IHS clinic in North Dakota. DataTrak also protests the terms
         of the revised solicitation, RFQ No. 03-099, issued after cancellation of the initial
         solicitation. DataTrak challenges the agency's decision on numerous grounds
         primarily alleging that the agency's evaluation of its quotation was inconsistent with
         the RFQ evaluation factors and was inadequately documented, and that the agency
         acted in bad faith in order to avoid issuing a purchase order to DataTrak. The
         protester also contends that the revised RFQ is unduly restrictive of competition.


We deny the protests.

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