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B-414171 1 (2017-03-16)

handle is hein.gao/gaobadtgy0001 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 version has been
                                                      approved for public release.
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         Matter of:   CRAssociates, Inc.

         File:        B-414171

         Date:        March 16, 2017

         Matthew R. Keller, Esq., and Charlotte R. Rosen, Esq., Odin Feldman Pittleman
         PC, for the protester.
         David G. Fagan, Esq., Department of Veterans Affairs, for the agency.
         Susan K. McAuliffe, Esq., and Edward Goldstein, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Protest challenging agency's failure to include provision in solicitation providing for
         evaluation of realism of offerors' professional employee compensation is denied
         because no such evaluation is required where the solicitation is for the procurement
         of commercial items issued pursuant to the procedures established under Federal
         Acquisition Regulation Part 12.
         DECISION

         CRAssociates, Inc., of Newington, Virginia, protests the terms of request for
         proposals (RFP) No. VA263-17-R-001 3, issued by the Department of Veterans
         Affairs for community-based outpatient clinic services in Williston and Dickinson,
         North Dakota. The protester contends that the solicitation improperly fails to require
         an evaluation of price realism; specifically, the firm contends that the agency is
         required to include in the solicitation the provision at Federal Acquisition Regulation
         (FAR) § 52.222-46, Evaluation of Compensation for Professional Employees, to
         assess the realism of offerors' prices.

         We deny the protest.

         BACKGROUND

         The RFP, issued on October 24, 2016, as a commercial item procurement under
         FAR Part 12, contemplates the award of a fixed-price indefinite-delivery, indefinite-
         quantity contract for clinic services for veterans. The solicitation establishes a
         minimum staffing requirement for a primary care physician, a Registered Nurse or

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