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B-271595 1 (1996-07-11)

handle is hein.gao/gaocrptaefc0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Amcare Medical Services, Inc. File: B-271595 Date: July 11, 1996 Gary C. Crossen, Esq., Foley, Hoag & Eliot, for the protester. John A. Cohan, Esq., Cohan & Associates, for Nahatan Medical Services, an intervenor. Dennis Foley, Esq., and Philip Kauffman, Esq., Department of Veterans Affairs, for the agency. Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency improperly made award to firm submitting technically noncompliant offer is denied where protester has neither alleged nor demonstrated that agency's actions were prejudicial; prejudice is an essential element of every viable protest, and where none is shown, General Accounting Office will not sustain a protest, even where the agency's actions may have been improper. 2. Protester is not an interested party to maintain that awardee acted in bad faith where another offeror would be in line for award should the protester's allegation prove correct and awardee be eliminated from the competition. DECISION Amcare Medical Services, Inc. protests the award of a contract to Nahatan Medical Services under request for proposals (RFP) No. 523-38-95, issued by the Department of Veterans Affairs (VA) for the acquisition of home oxygen services. Amcare challenges the award on several grounds. We deny the protest in part and dismiss it in part. The RFP called for offers to provide home oxygen services and provided for award on a best value basis. Six proposals were received, four of which were determined to be within the competitive range. After engaging in both technical and cost discussions with the competitive range offerors and receiving proposal revisions in 528711

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