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B-285060 1 (2000-07-12)

handle is hein.gao/gaocrptalcj0001 and id is 1 raw text is: 


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 G             A     0                                                  Comptroller General
        Accountability * Integrity * Reliability                        of the United States
                                                     -----------------------------------------------------------------------------------------------------------------------------
United States General Accounting Office                DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                                  The decision issued on the date below was subject to a
                                                      GAO Protective Order. This redacted version has been
                                                      approved for public release.

          Decision

          Matter of: American Medical Depot

          File:        B-285060; B-285060.2; B-285060.3

          Date:        July 12, 2000
          Katherine S. Nucci, Esq., and Timothy Sullivan, Esq., Adduci, Mastriani &
          Schaumberg, for the protester.
          Barbara J. Stuetzer, Esq., Department of Veterans Affairs, for the agency.
          Christina Sklarew, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Exclusion of proposal from competitive range is unobjectionable where agency
          reasonably concluded that the proposal contained informational deficiencies and
          other weaknesses that warranted an evaluation rating of marginally acceptable, and
          the proposed price was relatively high, so that the proposal had no reasonable
          chance of being selected for award.

          2. Although price proposals were improperly evaluated, protest is nonetheless
          denied where the agency's error inured to the benefit of the protester.

          3. Amendment of solicitation after competitive range has been determined does not
          require revising the competitive range determination where the amendment does not
          materially change the basis on which initial offers were solicited and submitted.
          DECISION

          American Medical Depot (AMD) protests the exclusion of its proposal from the
          competitive range by the Department of Veterans Affairs (VA) under request for
          proposals (RFP) No. 797-MSPV-99-1005, for the distribution of medical and surgical
          supplies to specified VA facilities. AMD primarily challenges the evaluation of
          proposals which led to the competitive range determination.

          We deny the protest.

          The RFP, issued on June 10, 1999, contemplated an award to a single supplier,
          known as a Medical Surgical Prime Vendor, to act as the source of distribution for
          a broad range of medical and surgical products as required by the VA Medical Center

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