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B-421799,B-421799.2 Oct 16, 2023 1 (2023-10-16)

handle is hein.gao/gaophg0001 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:   Asteri Consulting Services, LLC d/b/a Asteri EMS

File:     B-421799; B-421799.2

Date:     October 16,   2023

Samuel  Van Kopp, Esq., Michael Bhargava, Esq., Lynne Halbrooks, Esq., and Robert
Nichols, Esq., Nichols Liu LLP, for the protester.
Bradley L. Drell, Esq., and Heather M. Mathews, Esq., Gold Weems Bruser Sues &
Rundell, for Legacy EMS, Inc., the intervenor.
Morgan  L. Hilgendorf, Esq., and Brent F. Osgood, Esq., Department of Defense, for the
agency.
Paula A. Williams, Esq., and Evan D. Wesser, Esq., Office of the General Counsel,
GAO,  participated in the preparation of the decision.
DIGEST

1. Protest challenging the agency's evaluation and selection of a lower-priced quotation
evaluated as technically equal to the protester's is denied where the record shows that
the agency's evaluation and selection decision were reasonable and consistent with the
terms of the solicitation.

2. Protest asserting that agency conducted discussions with the awardee but not with
the protester, is denied where the communication sent by the agency to the awardee
constituted clarifications rather than discussions.
DECISION

Asteri Consulting Services, LLC d/b/a Asteri EMS, a small business located in Colorado
Springs, Colorado, protests the award of a contract to Legacy EMS, Inc., a small
business located in Alexandria, Louisiana, under request for quotations (RFQ) No.
HT9407-23-Q-0001   issued by the Department of Defense (DOD), Defense Health
Agency  (DHA) for ground ambulance services. Asteri, the incumbent contractor, argues
that the agency unreasonably evaluated the awardee's experience, conducted unequal
discussions, performed an unreasonable price analysis, and that the resulting selection
decision was flawed.


We  deny the protest.

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