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B-288661.4 1 (2002-02-25)

handle is hein.gao/gaocrptaobj0001 and id is 1 raw text is: 




         G    A     O0                                                Comptroller General
             A a * Integrity Reliability                               of the United States
 ~ccountabthty Inert Rea iy
United States General Accounting Office
Washington, DC 20548



          Decision


          Matter of: Galen Medical Associates, Inc.

          File:       B-288661.4; B-288661.5

          Date:       February 25, 2002

          Perry Wallace, M.D., for the protester.
          Marilee D. Rosenberg, Esq., Philip Kaufman, 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

          Protest that agency misevaluated proposals and made an improper award decision is
          denied where record shows that protester's proposal failed to meet a material
          requirement of the solicitation, and therefore was ineligible for award.
          DECISION

          Galen Medical Associates, Inc. protests the award of a contract to Dr. Deborah
          Downing, MD PLLC under request for proposals (RFP) No. 586-44-01, issued by the
          Department of Veterans Affairs (VA) to acquire primary and preventive medical care
          and continuity of care services at a clinic in Meridian, Mississippi, affiliated with the
          G.V. (Sonny) Montgomery VA Medical Center in Jackson, Mississippi. Galen asserts
          that the agency misevaluated proposals and was biased against Galen.

          We deny the protest.

          This is Galen's second protest in connection with this acquisition. In response to
          Galen's first protest (also alleging various evaluation improprieties), the VA took
          corrective action by amending the RFP's evaluation scheme, soliciting and
          evaluating revised proposals and making a new source selection determination.
          (After being advised of the corrective action, we dismissed Galen's protest as
          academic.)

          In response to the original solicitation, the VA received three proposals, including
          Galen's and Dr. Downing's. In implementing its corrective action, the agency
          permitted all three firms to submit proposal revisions. After receiving and evaluating

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