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B-270701 1 (1996-03-13)

handle is hein.gao/gaocrptaeal0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: CardioMetrix File: B-270701 Date: March 13, 1996 Robert J. Loring for the protester. Peter G. Giella, Esq., and Joseph DiGiacomo, Department of the Navy, Military Sealift Command, for the agency. Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protester's argument that it is unreasonable for the agency to specify the number of patients that a contract physician must examine in a workday is denied where the examinations are for a limited purpose (i.e., to determine the fitness of civil service mariners for duty at sea), and the record contains no evidence that the physician will be unable to perform the specified number of examinations in the allotted time. 2. Prospective offeror bears the risk of not receiving a solicitation amendment where there is no evidence that the agency deliberately failed to send it a copy, and where the protester rebuffed repeated attempts by the agency to contact it to discuss the amendment. DECISION CardioMetrix protests the specifications in request for proposals (RFP) No. N62381- 96-R-0001, issued by the Department of the Navy, Military Sealift Command (MSC) for physician services. In particular, CardioMetrix objects to a solicitation provision requiring the contract physician to see up to 20 patients per day. The protester also complains that it failed to receive a copy of amendment No. 0002 to the RFP until immediately prior to closing, and thus effectively was precluded from reviewing its contents and submitting a timely offer. We deny the protest. The RFP, which was issued on November 9, 1995, sought the services of a licensed physician(s) to perform physical examinations of civil service mariners to ensure their fitness for duty at sea. As originally issued, the RFP provided that the physician would be expected to see up to 30 patients per day, with complete 320312

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