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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: Radiation Oncology Group of WNY, PC
File: B-310354.2; B-310354.3
Date: September 18, 2008
Todd Whay, Esq., The Whay Law Firm, for the protester.
Jeffrey Weinstein, Esq., Jeffrey Weinstein, PLLC, for Roswell Park Cancer Institute,
an intervenor.
Dennis Foley, Esq., Department of Veterans Affairs, for the agency.
Frank Maguire, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST
1. Protest is sustained where agency permitted awardee to submit additional
support for technical proposal after deadline for submission of final proposal
revisions; agency's acceptance of information violated solicitation's late proposal
clause and constituted improper discussions with a single offeror.
2. Contracting officer's conclusion that protester's and awardee's proposals were
technically equal was unreasonable, and protest is sustained, where determination
lacks adequate supporting explanation or documentation.
DECISION
Radiation Oncology Group of WNY, PC, (ROG) protests the award of a contract to
Roswell Park Cancer Institute (RPCI) under request for proposals (RFP) No. VA528-
07-RP-0047, issued by the Department of Veterans Affairs (VA) for radiation therapy
services. ROG challenges several aspects of the agency's evaluation of its and
RPCI's price and technical proposals.
We sustain the protest.
The RFP was issued on April 1, 2007 for radiation therapy services for the VA
Medical Center in Buffalo, New York. Award was to be made on a best value basis,
as determined under three evaluation factors: technical (including subfactors for
quality, geographic location, and management, experience and equipment, and
subcriteria under each subfactor), past performance, and cost [price]. The technical](ViewImageLocal?handle=hein.gao/gaobadaxz0001&div=1&collection=&method=preview&ext=.png&size=3)