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B-281387 1 (1999-02-03)

handle is hein.gao/gaocrptajgo0001 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: OMV Medical, Inc.; Saratoga Medical Center, Inc.

             File:        B-281387; B-281387.2; B-281387.3; B-281387.4

             Date:        February 3, 1999

             Craig A. Holman, Esq., and Frank K Peterson, Esq., Holland & Knight, for
             OM Medical, Inc., and Norman J., Philion, Esq., Peter A. Greene, Esq., Edward V.
             Hickey, III, Esq., and Danielle E. Berry, Esq., Thompson, line & Flory, for Saratoga
             Medical Center, Inc., the protesters.
             Gary S. Pitchlynn, Esq., Pitchlynn, Morse, Ritter & Morse, for Choctaw
             Management/Services Enterprises, an intervenor.
             Clarence D. Long III, Esq., and Capt. David A. Whiteford, Department of the
             Air Force, 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

             1. Agency reasonably evaluated awardee's proposal as posing a low performance
             risk based upon favorable reference information received concerning performance
             under relevant contracts.

             2. Allegation that agency misevaluated awardee's proposal with respect to past
             performance is denied where the record shows that the evaluation was reasonable
             and in accordance with the applicable stated evaluation factors.

             3. Determination to select lowest priced technically acceptable proposal for award
             of contract, and determination that the awardee's prices were realistic are
             unobjectionable where both determinations were made in a manner consistent with
             the evaluation criteria, and the awardee's professional compensation plan and base
             salaries (which were higher than the protester's) reasonably were deemed adequate
             to recruit and retain employees.

             4. Firm which submitted the third lowest priced proposal of six technically equal
             proposals is not an interested party to protest that the contracting agency
             improperly evaluated the awardee's proposal since, as provided by the solicitation,

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