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B-418037 1 (2020-12-23)

handle is hein.gao/gaobaeani0001 and id is 1 raw text is: 



GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                             of the United States
                                                 DOCUMENT FOR PUBLIC RELEASE
                                               The decision issued on the date below was subject to
                                               a GAO Protective Order. This redacted version has
Decision                                       been approved for public release.
            D e c is i o n                          ............................ . ..................................................



Matter of:   Salem Community Hospital dba Salem Regional Medical Center

File:        B-418037

Date:        December 23, 2019

Joseph J. Feltes, Esq., and Daniel J. Glass, Esq., Buckingham, Doolittle & Burroughs,
LLC, for the protester.
Oleta L. Vassilopoulos, Esq., Department of Justice, for the agency.
Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

1. Protest that the protester's proposal to provide medical services for a federal
correctional facility was misevaluated as technically unacceptable is denied where the
proposal was at best ambiguous because the protester failed to provide pricing for
some of the services that it described in the technical proposal.

2. Protest that the agency improperly refused to evaluate the protester's pricing that
used a different pricing methodology from the one expressly required the solicitation is
dismissed as an untimely challenge to the terms of the solicitation.
DECISION

Salem Community Hospital, doing business as Salem Regional Medical Center, of
Salem, Ohio, protests the exclusion of its proposal from the competitive range under
request for proposals (RFP) No. 15B21619R00000001, issued by the Department of
Justice, Bureau of Prisons (BOP), for commercial medical services for the Federal
Correctional Institution (FCI) Elkton, at Lisbon, Ohio. Salem, the incumbent contractor,
argues that BOP misevaluated its proposal as unacceptable.

We deny the protest in part and dismiss it in part.

BACKGROUND

The RFP, issued April 10, 2019, sought proposals to provide comprehensive medical
services for a base year, four annual option periods, and a six-month extension of
services option, under an indefinite-delivery, indefinite-quantity (IDIQ) fixed-price

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