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B-400733.11,B-400733.13,B-400733.8 1 (2009-12-02)

handle is hein.gao/gaobadbbw0001 and id is 1 raw text is: JiL AL G A O Comptroller General Acc untabiity * 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: Philips Healthcare Informatics File: B-400733.8; B-400733.11; B-400733.13 Date: December 2, 2009 Leigh T. Hansson, Esq., Lorraine M. Campos, Esq., and Steven D. Tibbets, Esq., Reed Smith LLP, for the protester. Albert B. Krachman, Esq., and Andrew W. Dyer, Jr., Esq., Blank Rome LLP, for AGFA HealthCare Corporation, the intervenor. Timothy Haight, Esq., Patricia J. McDaniel, Esq., Philip S. Kauffman, Esq., and Phillipa L. Anderson, Esq., Department of Veterans Affairs, for the agency. Kenneth Kilgour, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester is not an interested party to maintain protest challenging proposal evaluation where it did not offer a firm fixed-price proposal as required by the solicitation; protester would be ineligible for award even if protest of evaluation were sustained. DECISION Philips Healthcare Informatics (PHI) of Foster City, California, protests the award of a commercial item contract to AGFA HealthCare Corporation (AGFA) of Greenville, South Carolina, by the Department of Veterans Affairs (VA) under request for proposals (RFP) VA-260-08-RP-0167 for picture archiving and communication system (PACS) services for Veterans Integrated Service Network 20 (VISN 20).' The protester challenges the agency's evaluation of its own proposal, the awardee's proposal, and the agency's price/technical tradeoff. 'AGFA protested the prior award to PHI. We dismissed that protest as academic when the agency decided to cancel the award and reevaluate the proposals received. See AGFA HealthCare Corp., B-400733.2 et al., Jan. 9, 2009.

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