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B-421623.5 Jan 25, 2024 1 (2024-01-25)

handle is hein.gao/gaopud0001 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:   Maxmed   Healthcare, Inc.

File:        B-421623.5

Date:     January 25, 2024

Shane  J. McCall, Esq., Nicole D. Pottroff, Esq., John L. Holtz, Esq., Stephanie L. Ellis,
Esq., and Greg P. Weber, Esq., Koprince McCall Pottroff, LLC, for the protester.
Colby L. Sullins, Esq., Department of Defense, for the agency.
Kasia Dourney, Esq., and Alexander O. Levine, Esq., Office of the General Counsel,
GAO,  participated in the preparation of the decision.
DIGEST

Protest challenging use of highest technically rated offerors with a fair and reasonable
price source selection method, for failing to properly consider price, is denied where
the protester fails to establish that such an approach is prohibited by statute or
regulation.
DECISION

Maxmed   Healthcare, Inc., a small business of San Antonio, Texas, challenges the terms
of request for proposals (RFP) No. HT001523R0003,  issued by the Department of
Defense, Defense  Health Agency (DHA) for medical professional staffing services.
Maxmed   contends that the solicitation provides for competition without the evaluation of
price, and improperly allows for the past performance evaluation of only one partner in a
joint venture.

We  deny the protest.

BACKGROUND

The Medical Q-Coded   Support and Services--Next Generation procurement at issue
here was designed by DHA  to establish multiple-award, indefinite-delivery, indefinite-
quantity (IDIQ) contracts, in two business-size categories, small business and

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