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B-400705.2,B-400705.3 1 (2009-03-13)

handle is hein.gao/gaobadauw0001 and id is 1 raw text is: 




         G     A    0                                                 Comptroller General
       Accountability * 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.

          Decision

          Matter of:  Medical Staffing Joint Venture, LLC

          File:       B-400705.2; B-400705.3

          Date:       March  13, 2009

          Paul M. Vincent, Esq., and E. John Steren, Esq., Ober Kaler Grimes & Shriver, for the
          protester.
          John C. Dulske, Esq., Joan Kelley Fowler Gluys, Esq., and Bryan L. Kost, Esq., Dulske
          & Gluys, PC for Med-National, Inc.; Robert K. Tompkins, Esq., and Elizabeth M. Gill,
          Esq., Patton Boggs LLP, for CNI Ancillary Services, LLC; Edward J. Tolchin, Esq.,
          Fettmann, Tolchin & Majors PC, for InGenesis Arora Joint Venture, LLC; and
          Robert L. Bowles for R B Company, LLC, the intervenors.
          Capt. Pia W. Rogers, Department of the Army, for the agency.
          Linda C. Glass, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          Protester's challenge to an agency's decision to exclude the protester's acceptable
          proposal from the competitive range is denied where the contemporaneous record
          shows that, consistent with the requirements in the Federal Acquisition Regulation,
          the proposal was evaluated on all of the solicitation's evaluation criteria, including
          price, and shows that the agency considered the protester's relative price.
          DECISION

          Medical Staffing Joint Venture, LLC of Honolulu, Hawaii (a joint venture of Kuhana
          Associates, LLC and Spectrum Healthcare Resources, Inc.), protests the exclusion of
          its proposal from the competitive range under request for proposals (RFP) No.
          W81K04-08-R-0013, issued by the United States Army Medical Command, Health Care
          Acquiring Activity at Fort Sam Houston, Texas, for dental services at various United
          States Army Treatment Facilities in three separate regions---the North Atlantic
          Region, the South East Region and the Great Plains & Western Region. The protester
          also contends that the agency failed to take adequate corrective action in response to
          a prior protest.


We deny the protest.

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