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B-413024,B-413024.2,B-413024.3 1 (2016-08-17)

handle is hein.gao/gaobadsli0001 and id is 1 raw text is: G A 0 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 - .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . .. Matter of: Rotech Healthcare, Inc. File: B-413024; B-413024.2; B-413024.3 Date: August 17, 2016 David F. Dowd, Esq., Marcia G. Madsen, Esq., Cameron S. Hamrick, Esq., Polly A. Myers, Esq., and Roger V. Abbott, Esq., Mayer Brown LLP, for the protester. J. Hunter Bennett, Esq., Jay Carey, Esq., and John Sorrenti, Esq., Covington & Burling, LLP, for Lincare, Inc., the intervenor. Deborah K. Morrell, Esq., Department of Veterans Affairs, for the agency. Frank Maguire, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest of awardee's past performance rating is sustained where solicitation provided for evaluation of offerors' performance on contracts similar in size, scope, and complexity to solicited effort, and evaluators failed to consider and document similarity of the awardee's contracts. 2. Protester's contention that the agency reopened discussions with only the awardee is sustained where, after receipt of final proposal revisions, the awardee was offered an opportunity to revise its proposed price but the protester was not. DECISION Rotech Healthcare, Inc. (Rotech), of Orlando, Florida, the incumbent contractor, protests the award of contracts by the Department of Veterans Affairs (VA) to Lincare, Inc. (Lincare), of Clearwater, Florida, under request for proposals (RFP) No. VA258-15-R-0092, for home oxygen and durable medical equipment with incidental services. Rotech argues that VA improperly evaluated proposals, made an improper source selection decision, and held unequal discussions. We sustain the protest.

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