About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-277674 1 (1997-11-10)

handle is hein.gao/gaocrptagdc0001 and id is 1 raw text is: 


oComptroller General
             of the United States
             Washington, D.C. 20548

             Decision                                 DOCUMENT FOR PUBLIC RELEASE
                                                    The decision issued on the date below was subject to a I
                                                    GAO Protective Order. This redacted version has been
                                                    approved for public release.



             Matter of: The Arora Group, hie.

             File:       B-277674

             Date:        November 10, 1997

             Edward J. Tolchin, Esq., Fettmann, Tolchin & Majors, P.C., for the protester.
             John R. Tolle, Esq., and Monica C. Parchment, Esq., Barton, Mountain & Tolle, for
             Saratoga Medical Center, Inc., an intervenor.
             Douglas P. Larsen, Esq., and John R. Osing, Jr., Esq., Department of the Navy, for
             the agency.
             Linda C. Glass, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel,
             GAO, participated in the preparation of the decision.
             DIGEST

             Agency unreasonably concluded protester's fixed-price offer lacked price realism
             because of the protester's failure to propose salary escalation and therefore its
             perceived inability to retain employees, where protester proposed to use part of
             general and administrative (G&A) budget for employee bonuses; agency's
             conclusion that G&A budget was inadequate to retain employees was premised on
             agency's miscalculation of amount of that budget.
             DECISION

             The Arora Group, Inc. protests the award of a fixed-price contract to Saratoga
             Medical Center, Inc. under request for proposals (RFP) No. N62645-96-R-0032,
             issued by the Naval Medical Logistics Command for the services of 10 pharmacists
             for the National Naval Medical Center, Bethesda, Maryland. Arora principally
             contends that the agency erred in its price realism analysis of Arora's proposal and
             deviated from the RFP's source selection criteria.

             We sustain the protest.

             The RFP, issued on August 22, 1996, as a competitive 8(a) set-aside under the Small
             Business Act, 15 U.S.C. § 637(a) (1994), sought offers to provide the services of
             10 full-time pharmacists and 5 optional pharmacists for a base period with four
             option periods, for a total possible performance term of 5 years. The RFP provided
             that award would be made to the responsible offeror whose proposal, conforming
             to the specified minimum healthcare worker qualifications, offered the government
             the best combination of past performance and price. To be considered for contract

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most