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B-292981,B-292981.10,B-292981.2,B-292981.3,B-292981.4,B-292981.5 1 (2004-01-09)

handle is hein.gao/gaobacypy0001 and id is 1 raw text is: im G A 0Comptroller General ........ LAccountability * Integrity Reliability of the United States United States General Accounting Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: ACS State Healthcare, LLC; PharmaCare Government Services, Inc.; PGBA, LLC; Humana Military Healthcare Services, Inc. File: B-292981; B-292981.2; B-292981.3; B-292981.4; B-292981.5; B-292981.6; B-292981.7; B-292981.8; B-292981.9 B-292981.10 Date: January 9, 2004 Robert J. Sherry, Esq., Kathleen M. Paralusz, Esq., Dylan B. Carp, Esq., and Marc R. Baluda, Esq., Kirkpatrick & Lockhart, for ACS State Healthcare, LLC; Gerard R. Doyle, Esq., and Ron R. Hutchinson, Esq., Doyle & Bachman, for PharmaCare Government Services, Inc.; Kathleen E. Karelis, Esq., W. Jay Devecchio, Esq., Robert K. Huffman, Esq., Lisanne S. Cottington, Esq., Edward Jackson, Esq., Christine S. Ricci, Esq., Jeffrey C. Walker, Esq., and Alexa Zevitas, Esq., Miller & Chevalier, for PGBA, LLC; Thomas P. Barletta, Esq., Peter L. Wellington, Esq., Daniel C. Sauls, Esq., Paul R. Hurst, Esq., Michael C. Drew, Esq., Paul I. Lieberman, Esq., and Dianne L. Herz, Esq., Steptoe & Johnson, and Alan C. Brown, Esq., Duane Morris, for Humana Military Healthcare Services, Inc., the protesters. Thomas B. Smith, Esq., Thomas M. Susman, Esq., Scott A. Shepard, Esq., and Ryan M. Malone, Esq., Ropes & Gray; and Clayton S. Marsh, Esq., and Janice C. Forsyth, Esq., for Express Scripts, Inc., the intervenor. Lynn T. Burleson, Esq., and Kenneth S. Lieb, Esq., TRICARE Management Activity, Department of the Defense, for the agency. Sharon L. Larkin, Esq., Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. In negotiated procurement under which the contractor will acquire pharmaceuticals for Department of Defense (DoD) using DoD funds, and where solicitation requests offerors to propose discount rates and dispensing fees for pharmaceuticals in addition to their fixed prices, and provides for evaluation of government's projected future costs for pharmaceuticals (Total Expected Government Cost (TEGC)) as a technical factor, agency reasonably assessed likelihood that offerors could provide pharmaceuticals at their proposed discount rates and dispensing fees; cost realism analysis of offerors' TEGCs was not required, where solicitation did not require such an analysis.

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