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B-407113.3,B-407113.4 1 (2013-06-24)

handle is hein.gao/gaobadpps0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * 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 i s i o n L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . .. Matter of: B&B Medical Services, Inc. File: B-407113.3; B-407113.4 Date: June 24, 2013 Dorn C. McGrath III, Esq., William Jack, Esq., and Scott E. Pickens, Esq., Barnes & Thornburg LLP, for the protester. Kyle R. Jefcoat, Esq., Latham & Watkins LLP, for Rotech Healthcare, Inc., the intervenor. Barton E. Evans, Esq., Department of Veterans Affairs, for the agency. Jennifer D. Westfall-McGrail, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Allegation that in making affirmative determination of responsibility, contracting officer failed to consider available relevant information pertaining to awardee's financial resources is denied where record fails to establish that contracting officer did not consider the information in question. 2. Allegation that in making affirmative determination of responsibility, contracting officer failed to consider available relevant information pertaining to awardee's record of integrity and business ethics is dismissed where information allegedly not considered is not the sort of information that would be expected to have strong bearing on responsibility determination. 3. Protest challenging rating of awardee's past performance as substantial confidence is denied where record demonstrates reasonable basis for the rating based of awardee's performance on two very relevant contracts. DECISION B&B Medical Services, Inc., of Oklahoma City, Oklahoma, protests the award of a contract to Rotech Healthcare, Inc., of Orlando, Florida, under request for proposals (RFP) No. VA256-12-R-0059, issued by the Department of Veterans Affairs (VA) for home oxygen services. The protester argues that the contracting officer failed to consider available relevant information in determining Rotech to be a responsible

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