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B-270698 1 (1996-04-10)

handle is hein.gao/gaocrptaeaj0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision DOCUMENT FOR PUBLIC RELEASE A protected decision was issued on the date below and was subject to a GAO Protective Order. This version has been redacted or approved by the parties involved for public release. Matter of: Physician Corporation of America File: B-270698; B-270698.4; B-270698.5; B-270698.7 Date: April 10, 1996 David R. Hazelton, Esq., Roger S. Goldman, Esq., C. Chad Johnson, Esq., and Robert Braumuller, Esq., Latham & Watkins, for the protester. Peter L. Wellington, Esq., Daniel C. Sauls, Esq., and Mark J. Hulkower, Esq., Steptoe & Johnson, for Humana Military Healthcare Services, Inc., an intervenor. Ellen C. Callaway, Esq., and Laurel C. Gillespie, Esq., Office of the Civilian Health and Medical Program of the Uniformed Services, for the agency. David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. In determining whether any action of a former government employee may have resulted in prejudice in favor of the awardee, the General Accounting Office will consider all relevant evidence, including whether the former government employee had access to competitively useful inside information generated prior to the protested procurement. 2. Protest that awardee obtained an unfair competitive advantage by virtue of its employment of former government employees is denied where either the government employees did not possess inside information that would provide an unfair competitive advantage or the record provides no basis for concluding that the awardee benefited from the inside information. 3. Protest that awardee obtained an unfair competitive advantage from its alleged receipt of source selection sensitive information from a government employee is denied where the contracting officer furnished the information to all offerors. 4. Protest that offeror's proposal should have been credited with more technical strengths and fewer weaknesses because its allegedly similar proposal in a prior procurement for the same type of services was credited with more strengths and fewer weaknesses is denied; each procurement action is a separate transaction and, 1049417

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