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B-281439.3 1 (1999-03-23)

handle is hein.gao/gaocrptajgu0001 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: Capital Health Services, Inc.; JSA Healthcare Corporation File: B-281439.3; B-281439.4 Date: March 23, 1999 Victor G. Klingelhofer, Esq., and John J. O'Brien, Esq., Cohen Mohr, for the pro testers. Karl E. Hansen, Esq., TRICARE Management Activity, for the agency. Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. The Military-Civilian Health Services Partnership Program, 10 U.S.C. § 1096 (1994)--which authorizes the use of resource sharing agreements between the military's medical treatment facilities and civilian health care providers to deliver health care services to active duty service personnel and other military-related beneficiaries--is not a procurement statute for purposes of General Accounting Office (GAO) bid protest jurisdiction. However, GAO will take limited jurisdiction over the award of such agreements where the protester alleges that the agreements have been improperly used to avoid the requirements of the procurement statutes. 2. Protesters' contention that resource sharing agreements were an improper attempt to avoid the requirements of the procurement statutes is denied where the agreements were clearly within the authority granted by the statute, and within the scope of the underlying contract for managed health care services. DECISION Capital Health Services, Inc. and JSA Healthcare Corporation protest a decision by the TRICARE Management Activity (TMA) to add the operation of two existing NAVCARE outpatient medical clinics in San Diego, California, to TMA's ongoing contract with Foundation Health Federal Services, Inc. The protesters argue that the operation of the two clinics is beyond the scope of Foundation's contract, that the agency was required to hold a competition for the operation of the clinics, and that the agency's use of resource sharing agreements to convey operation of the clinics to Foundation violated the regulations applicable to the use of such agreements. We deny the protests.

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