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B-276873 1 (1997-08-05)

handle is hein.gao/gaocrptafzx0001 and id is 1 raw text is: oComptroller 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: American Native Medical Transport, L.L.C. File: B-276873 Date: August 5, 1997 Cynthia Y. McCoy, Esq., Moore McCoy, P.C., for the protester. Michael Colvin, Department of Health & Human Services, for the agency. Charles Morrow, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency reasonably evaluated the protester's and awardee's proposals as technically equivalent and properly made award under a best value evaluation scheme based on the awardee's lower-priced proposal. 2. Protester was not prejudiced by the agency's failure to conduct discussions, as required by the solicitation and applicable regulations, where the record demonstrates that the protester could not significantly improve its highly rated technical proposal and would not lower its price below that offered by the awardee. DECISION American Native Medical Transport, L.L.C. protests the award of a contract to Native American Air Ambulance, Inc. (NAAA) under request for proposals (RFP) No. 794, a total set-aside for Indian-owned firms, issued by the Department of Health and Human Services, Phoenix Area Indian Health Service (IHS), Phoenix, Arizona, for medically necessary air transportation services. We deny the protest. The RFP, issued November 18, 1996, contemplated the award of a fixed-price requirements contract for air transportation services for eligible IHS beneficiaries in IHS' Whiteriver Service Unit and San Carlos Service Unit in Arizona for a 1-year base period with four 1-year options. The contractor is required to provide fixed- wing and rotor aircraft to meet the contract requirements. The RFP did not specify a minimum number of aircraft necessary to perform the services, but advised offerors that the contractor must have sufficient personnel and equipment to

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