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B-296489 1 (2005-08-24)

handle is hein.gao/gaocrptaqxr0001 and id is 1 raw text is: 




A         G    A    O                                                   Comptroller General
.       Accountability * Integrity * Reliability                        of the United States
United States Government Accountability Office
Washington, DC 20548



          Decision


          Matter of: Digital Healthcare, Inc.

          File:        B-296489

          Date:        August 24, 2005

          Hilary S. Cairnie, Esq., Melissa M. Nichols, Esq., and Adrien C. Pickard, Esq., Vorys,
          Sater, Seymour and Pease, LLP, for the protester.
          Phillipa L. Anderson, Esq., Dennis Foley, Esq., and Philip Kauffman, Esq.,
          Department of Veterans Affairs, for the agency.
          Linda C. Glass, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Allegation that agency misappropriated information contained in protester's
          unsolicited proposal and developed specifications based on that information is
          denied where protester has not met its burden of showing proprietary nature of
          information allegedly misappropriated.
          DECISION

          Digital Healthcare, Inc. protests the issuance of request for proposals (RFP) No. 500-
          20-05, by the Department of Veterans Affairs (VA) for the acquisition of insurance
          identification services. Digital complains that the agency improperly used
          proprietary information contained in its unsolicited proposal in the current
          solicitation.

          We deny the protest.

          In June 2003, Digital submitted an unsolicited contract proposal to each of the
          federally funded health plan providers, including the Veterans Health Administration
          (VHA) indicating that it was the sole licensee of various intellectual properties
          governing the automation of the coordination of benefits (COB) among health plans,
          and other related procedures in the healthcare finance area. Unsolicited Proposal
          at 2. Digital stated that it was therefore uniquely situated to address VHA's need to
          identify and bill other sources of insurance coverage for VHA patients. Digital stated
          that its proposal differed from other approaches to the problem in that other vendors
          propose to poll a small number of local payers and that the proposal to poll only a

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