About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-409614.3,B-409614.4 1 (2014-11-24)

handle is hein.gao/gaobadqtw0001 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
         Decision                                  [e          for pic release.



         Matter of:   Focus Diagnostics, Inc.

         File:        B-409614.3; B-409614.4

         Date:        November 24, 2014

         Merle M. DeLancey, Jr., Esq., Justin A. Chiarodo, Esq., Stephanie M. Zechmann, Esq.,
         and Philip E. Beshara, Esq., Dickstein Shapiro LLP, for the protester.
         Scott E. Pickens, Esq., William M. Jack, Esq., and Amba M. Datta, Esq., Barnes
         & Thornburg LLP, and David T. Hickey, Esq., Kelley Drye & Warren LLP, for
         BioFire Defense, LLC, an intervenor.
         Frank A. March, Esq., Scott N. Flesch, Esq., MAJ Jamal A. Rhinehardt,
         MAJ Cameron R. Edlefsen, MAJ James W. Nelson, and CPT Evan C. Williams,
         Department of the Army, for the agency.
         Matthew T. Crosby, Esq., and Christina Sklarew, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         1. Protest that discussions regarding protester's biomedical diagnostic system were
         not meaningful is denied where record reflects that agency provided technical
         descriptions of all significant weaknesses and deficiencies evaluated against
         protester's system.

         2. Protest that agency improperly failed to consider effect of proposal revisions on
         protester's initial performance-based evaluation ratings is denied where record
         reflects that evaluation was consistent with terms of solicitation and that agency
         considered proposal revisions under stand-alone evaluation criterion established for
         that purpose.

         3. Protest regarding training of agency personnel responsible for testing protester's
         biomedical diagnostic system is denied where record shows agency actions to be
         reasonable and consistent with solicitation.

         4. Protest that agency unreasonably considered user errors experienced by agency
         personnel testing protester's biomedical diagnostic system in simulated military
         healthcare deployment is denied where record reflects that testing methodology and
         findings reasonably relate to solicitation's military utility assessment subfactor.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most