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B-298478 1 (2006-10-13)

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         G    A     0Comptroller General
WAM    Accountability * Integrity * Reliability                     of the United States
United States Government Accountability Office
Washington, DC 20548


             D  ..
         Decision


         Matter  of: Eagle Home Medical Corporation

         File:       B-298478

         Date:       October 13, 2006

         Gerald H. Werfel, Esq., Pompan, Murray & Werfel, PLC, for the protester.
         Merilee Rosenberg, Esq., Department of Veterans Affairs, for the agency.
         Peter D. Verchinski, Esq., and John M. Melody, Esq., Office of the General Counsel,
         GAO,  participated in the preparation of the decision.
         DIGEST

         Contracting agency reasonably rejected protester's proposal based on determination
         that its low price was unreasonably high where price was 39 percent higher than
         government estimate, which was primarily based on price of recently negotiated
         contract extension with incumbent contractor.
         DECISION

         Eagle Home Medical Corporation (EHMC) protests the rejection of its proposal as
         unreasonably high-priced under request for proposals (RFP) No. 247-0260-06, issued
         by the Department of Veterans Affairs (VA) to provide home oxygen services and
         supplies at the William Jennings Bryan Dorn Veterans Affairs Medical Center in
         Columbia, South Carolina.

         We  deny the protest.

         On May  22, 2006, VA issued the RFP as a HUBZone (historically underutilized
         business zone) small business set-aside. Offerors were requested to propose fixed
         prices for 20 different contract line items (CLIN), covering various oxygen cylinders,
         liquid oxygen, and compressed air items, for a 1-year base period, with 4 option
         years. Award was to be made to the offeror submitting the lowest-priced, technically
         acceptable proposal.

         VA had been receiving these services and supplies from Medical Comfort Systems,
         Inc. (MCS), under a contract awarded on January 1, 2001. In October 2005, near the
         end of the last option year of that contract, the agency negotiated a 6-month

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