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B-420910,B-420910.2 Oct 27, 2022 1 (2022-10-27)

handle is hein.gao/gaonvy0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to Decision a GAO Protective Order. This redacted version has been approved for public release. Matter of: CharDonnay Dialysis, LLC File: B-420910; B-420910.2 Date: October 27, 2022 Katherine B. Burrows, Esq., Jacqueline K. Unger, Esq., Patrick T. Rothwell, Esq., and Eric A. Valle, Esq., PilieroMazza PLCC, for the protester. Meghan D. Doherty, Esq., John E. Jensen, Esq., and Dinesh C. Dharmadasa, Esq., Pillsbury Winthrop Shaw Pittman LLP, for NaphCare, Inc., the intervenor. William D. Robinson, Esq., Pawandeep Vicky K. Bhandari, Esq., David M. Tatarsky, Esq., and Daniel K. George, Esq., Department of Justice, for the agency. Emily R. O'Hara, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest alleging the agency failed to conduct meaningful discussions is denied where discussions reasonably led the protester to the area of its proposal requiring revision. 2. Protest that the agency improperly evaluated the protester's proposal under the technical and price factors is denied where the record shows that the agency's evaluation was reasonable and consistent with the terms of the solicitation. 3. Protest challenging the agency's best-value tradeoff is sustained where the record shows that the source selection authority concluded proposals were technically equal, without qualitatively comparing the underlying merits of the proposals. DECISION CharDonnay Dialysis, LLC, of Austin, Texas, protests the award of a contract to NaphCare, Inc., of Birmingham, Alabama, under request for proposals (RFP) No. 15B20521 R00000001, issued by the Department of Justice, Bureau of Prisons (BOP), for dialysis treatment services. CharDonnay alleges that the agency's conduct of discussions, evaluation of proposals, and resulting award decision were improper. We sustain the protest.

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