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B-281904 1 (1999-04-29)

handle is hein.gao/gaocrptajig0001 and id is 1 raw text is: Comptroller 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 GAO Protective Order. This redacted version has been approved for public release. Matter of: Walsh Distribution, Inc.; Walsh Dohmen Southeast File: B-281904; B-281904.2 Date: April 29, 1999 Scott M. Heimberg, Esq., Thomas P. McLish, Esq., and Andrea T. Vavonese, Esq., Akin, Gump, Strauss, Hauer & Feld, for the protesters. Frank M. Rapoport, Esq., Charles H. Carpenter, Esq., Daniel I. Prywes, Esq., and Donald J. Carney, Esq., Pepper Hamilton, for AmeriSource Corporation, an intervenor. Maura C. Brown, Esq., Melbourne A. Noel, Esq., Philip S. Kauffman, Esq., and Phillipa L. Anderson, Esq., Department of Veterans Affairs, for the agency. Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency reasonably rated protesters' and awardee's proposals similarly under past performance factor where (1) although awardee had several minor past performance problems, they had been resolved by consolidation of firm's operations; (2) one protester, while having no negative information relating to its past performance, had never performed on a scale comparable to that required under the RFP; and (3) the second protester's proposal was rated slightly higher than the awardee's, but only due to the limited geographic area and dollar volume represented by its offer. 2. Agency's decision to make award to firm offering significant cost savings was unobjectionable where protester's and awardee's proposals were rated similarly under all non-cost criteria, and record shows agency was unwilling to pay cost premium for protester's slight advantage in past performance. DECISION Walsh Distribution, Inc., and Walsh Dohmen Southeast protest the award of a contract to AmeriSource Corporation under request for proposals (RFP) No. M5-Q2- 99, issued by the Department of Veterans Affairs (VA) for the distribution of pharmaceuticals. The protesters maintain that the agency misevaluated proposals and improperly made award to AmeriSource.

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