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B-409705.7,B-409705.8 1 (2015-12-08)

handle is hein.gao/gaobadrtx0001 and id is 1 raw text is: 



f\      G     A                                                          Comptroller General
               ~ty * Integrity * Rel lability                            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:   B&B Medical Services, Inc.; Ed Medical, Inc.

          File:     B-409705.7; B-409705.8

          Date:     December 8, 2015

          Richard L. Moorhouse, Esq., and Ryan C. Bradel, Esq., Greenberg Traurig, LLP, for
          B&B Medical Services, Inc.; Bryan R. King, Esq., Todd R. Overman, Esq., and
          Richard W. Arnholt, Esq., Bass Berry & Sims, PLC, for Ed Medical, Inc., the
          protesters.
          Michael A. Hordell, Esq., Kristopher Berr, Esq., and Andrew J. Victor, Esq., Pepper
          Hamilton LLP, for First Community Care, LLC, the intervenor.
          Tracy Downing, Esq., Department of Veterans Affairs, for the agency.
          Frank Maguire, Esq., and David A. Ashen, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Protest of agency price realism evaluation is denied where the agency reviewed
          awardee's pricing for each contract line item number (CLIN); compared pricing to
          offerors' proposed pricing, contract pricing for similar home oxygen services, the
          independent government estimate, and Medicare pricing; determined that the
          awardee's pricing, while substantially lower overall, was in line with market
          conditions, including protesters' pricing for many of the CLINs; and concluded that
          in view of the awardee's clear understanding of the solicitation requirements, and
          satisfactory performance of a contract for similar services but for nearly twice as
          many patients, there was no significant risk of poor performance as a result of
          awardee's lower pricing.
          DECISION

          B&B Medical Services, Inc. (B&B), of Oklahoma City, Oklahoma, and Ed Medical,
          Inc. (EMI), of Hendersonville, Tennessee, protest the Department of Veterans
          Affairs' (VA) award of contracts for three service locations to First Community Care,
          LLC (FCC), of Midland, Michigan, under request for proposals (RFP) No. VA249-14-
          R-01 73, for home oxygen supply. The protests challenge the corrective action taken
          by the agency following our decision sustaining B&B's and EMI's protests in B&B
          Medical Services, Inc.: Ed Medical, Inc., B-409705.4, B-409705.5, June 29, 2015,
          2015 CPD T 198. The protesters assert that the awardee's proposed prices were

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