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B-310747.4 1 (2009-01-22)

handle is hein.gao/gaobadatb0001 and id is 1 raw text is: 


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AL,       G    A                                                        Comptroller General
     .Accuntabiity * Integrity * Reliability                             of the United States
 United States Government Accountability 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.
          D  e c  is io n                            ...........................................................


          Matter  of:  ViroMed  Laboratories, Inc.

          File:        B-310747.4

          Date:        January 22, 2009

          David H. Laufman, Esq., Joanna Baden-Mayer, Esq., and Elizabeth C. Scanlan, Esq.,
          Kelley Drye & Warren LLP, for the protester.
          Karen R. Harbaugh, Esq., and Robert E. Gregg, Esq., Squire, Sanders & Dempsey
          LLP, for the intervenor.
          Diane-Marie Carrero, Esq., Naval Supply Systems Command, for the agency.
          Eric M. Ransom, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
          GAO,  participated in the preparation of the decision.
          DIGEST

          1. Consideration of innovations and/or creative approaches in proposals' responses
          to solicitation requirements did not constitute reliance on an unstated evaluation
          criterion where solicitation provided for relative weighting of evaluation factors in
          the evaluation rather than review for acceptability alone.

          2. Protest that price/technical tradeoff was improperly based on price where
          technical factors were to be more important than price is denied where the record
          shows  that the contracting officer reasonably determined that the price premium
          associated with the higher-rated proposal was not warranted, given the level of
          technical competence available at the lower price.

          3. Protest that the source selection decision failed to consider the full range of the
          protester's technical capabilities is denied where the record shows that the
          contracting officer conducted a comprehensive review of the technical proposals
          that supported the stated evaluation conclusions.
          DECISION

          ViroMed  Laboratories, Inc., of Minnetonka, Minnesota, the incumbent contractor,
          protests the award of a contract to Center for Disease Detection, LLC (CDD), of San
          Antonio, Texas, by the Department of the Navy under request for proposals (RFP)
          No. N00189-07-R-ZO27, for HIV testing services.

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