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B-311385 1 (2008-06-19)

handle is hein.gao/gaocrptawak0001 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: Phoebe Putney Memorial Hospital

          File:        B-311385

          Date:        June 19, 2008

          Jeffrey E. Weinstein, Esq., for the protester.
          Laurel A. Hockey, Esq., Cohen Mohr, for Sterling Medical Associates, an intervenor.
          Harold W. Askins III, Esq., Department of Veterans Affairs, for the agency.
          Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          1. Protest that agency purportedly performed inadequate cost realism analysis is
          denied where no such analysis was required because solicitation contemplated
          award of fixed-price, rather than cost-reimbursement, contract and did not provide
          for any realism analysis.

          2. Protest challenging scores assigned protester's and awardee's proposals under
          technical evaluation factors is denied where protester was not competitively
          prejudiced; even if protester's proposal received maximum possible technical score
          and awardee's score were reduced in accordance with protester's allegations,
          awardee would remain in line for award when price scores are considered.
          DECISION

          Phoebe Putney Memorial Hospital (PPMH) protests the award of a contract to
          Sterling Medical Associates, Inc. under request for proposals (RFP) No. VA-247-07-
          RP-0122, issued by the Department of Veterans Affairs (VA) for primary care and
          mental health services for veterans. Phoebe asserts that VA misevaluated its and
          Sterling's proposals and performed an improper best value analysis.

          We deny the protest.

          The solicitation provided for a best value award of an indefinite-quantity/
          indefinite-delivery fixed-price contract based on four evaluation factors (in
          descending order of importance): experience and staffing (comprised of six
          subfactors), coordination and continuity of care (six subfactors), past performance
          (five subfactors), and price. RFP at 67. The solicitation provided that the factors,

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