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B-279176.2 1 (1998-07-21)

handle is hein.gao/gaocrptahrt0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Southwest Anesthesia Services File: B-279176.2 Date: July 21, 1998 Lee D. Lantz for the protester. Michael Colvin, Department of Health and Human Services, for the agency. Adam Vodraska, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Record does not support allegation that contracting agency improperly canceled solicitation for hospital anesthesia services to avoid awarding a contract to the protester and responding to an earlier protest of the award of the contract to another firm, where the agency reasonably concluded that solicitation no longer meets the agency's needs and that services should be performed in-house, based on findings and recommendations of an agency medical reviewer concerning the anesthesia program at the hospital. DECISION Southwest Anesthesia Services protests the cancellation of request for proposals (RFP) No. 97-10-VZ, issued by the Indian Health Service, Department of Health and Human Services, for anesthesia services at the Santa Fe Indian Hospital, and the agency's determination to perform the services in-house. Southwest contends that the cancellation lacked a reasonable basis and was motivated by the contracting agency's desire to avoid making an award to Southwest and having our Office render a decision on Southwest's previous protest. We deny the protest. The president and co-owner of Southwest has provided anesthesia services to the Santa Fe Indian Hospital since 1981 as a Certified Registered Nurse Anesthetist. His previous long-term contract with the hospital expired on October 31, 1996, and thereafter the agency ordered anesthesia services from Southwest by purchase order on a month-to-month basis. During 1997, the agency decided to solicit the services on a long-term basis, issued the RFP at issue here, and requested proposals by October 1, 1997. Southwest submitted a proposal by the due date, participated in discussions, and submitted a best and final offer (BAFO) at the request of the agency, but was not selected for award. Instead, the agency awarded the contract to Anestat, Inc., which commenced performance on February 1, 1998.

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