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B-298293 1 (2006-08-11)

handle is hein.gao/gaocrptaspx0001 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 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: Air Products Healthcare File: B-298293; B-298293.2 Date: August 11, 2006 Douglas L. Patin, Esq., Robert J. Symon, Esq., and Katherine L. Ruff, Esq., Bradley Arant Rose & White, for the protester. Dennis Foley, Esq., and Philip Kaufman, Esq., Department of Veterans Affairs, 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 Protest that agency improperly determined that protester's proposal was technically unacceptable is denied where the record shows that the agency's conclusion was reasonable, and where the agency clearly advised the protester of its concerns during discussions. DECISION American Homecare Supply, LLC, dba Air Products Healthcare protests the award of a contract to Rotech Healthcare Inc. by the Department of Veterans Affairs (VA), pursuant to request for proposals (RFP) No. 00241-05-00106, issued to procure home oxygen delivery and support services for veteran patients located in the VA's Veterans Integrated Service Network (VISN) 1, which includes the New England states of Connecticut, Massachusetts, Rhode Island, Vermont, New Hampshire, and Maine. Air Products argues that the VA unreasonably concluded that its proposal was technically unacceptable, failed to hold meaningful discussions, and conducted an unreasonable evaluation of past performance. We deny the protest. BACKGROUND The RFP here, issued on August 10, 2005, advised potential offerors that the VA has an ongoing requirement for home oxygen services for approximately 5,220 veteran patients served by eight VA medical centers (VAMC) and associated outpatient clinics in the New England area. RFP at 27. In addition, the RFP provided a

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