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B-401652 1 (2009-10-13)

handle is hein.gao/gaobadbbb0001 and id is 1 raw text is: 




         G    A    0Comptroller 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: Health Net Federal Services, LLC

         File:       B-401652

         Date:       October 13, 2009

         Thomas  P. Humphrey, Esq., Marc F. Efron, Esq., David Z. Bodenheimer, Esq., Shauna
         E. Alonge, Esq., J. Catherine Kunz, Esq., John E. McCarthy, Jr., Esq., Peter J. Eyre,
         Esq., Puja Satiani, Esq., James G. Peyster, Esq., Andrew Dockham, Esq., and Sujata
         Sidhu, Esq., Crowell & Moring LLP, for the protester.
         David R. Hazelton, Esq., Roger S. Goldman, Esq., Eric J. McCarthy, Esq., Kyle R.
         Jefcoat, Esq., Benjamin Wei, Esq., and Anne W. Robinson, Esq., Latham & Watkins
         LLP, for Aetna Government Health Plans, the intervenor.
         Gerald A. Wesley, Esq., Hattie Russell DuBois, Esq., Michael E. Jonasson, Esq., and
         Rhonda  L. Bershok, Esq., Office of TRICARE Management Activity, for the agency.
         Edward  Goldstein, Esq., and Christine S. Melody, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Protest that disclosure of protester's initial proposed total price resulted in an unfair
         competition is denied where record does not demonstrate that protester was
         competitively harmed.
         DECISION

         Health Net Federal Services, LLC of Rancho Cordova, California, protests the award
         of a contract to Aetna Government Health Plans, LLC (AGHP) of Hartford,
         Connecticut, under request for proposals (RFP) No. H94002-07-R-0007, issued by the
         Department of Defense TRICARE Management  Activity (TMA) for T-3 TRICARE
         managed  health care support services for the North Region. Health Net contends
         that the agency failed to properly consider and investigate a substantial and
         material procurement integrity violation by the Department of Defense (DOD)
         which tainted the integrity of the procurement and the award to AGHP. Protest at 2.

         We  deny the protest.

         By way of background, TMA issued the RFP on March 24, 2008 for the purpose of
         awarding separate contracts to provide managed health care support for eligible
         beneficiaries in the Department of Defense TRICARE program for three regions:

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