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B-403585 1 (2010-11-23)

handle is hein.gao/gaobadbos0001 and id is 1 raw text is: li AL G A O Comptroller General Acc untabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Bestcare, Inc. File: B-403585 Date: November 23, 2010 Joseph R. Harbeson, Esq., RuskinMoscouFaltischek, P.C., for the protester. Mark Machiedo, Esq., Department of Veterans Affairs, for the agency. Eric M. Ransom, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly failed to solicit incumbent contractor is denied where presolicitation notice and solicitation were posted on FedBizOpps website and agency received adequate competition in the form of 12 proposals. DECISION Bestcare, Inc., of Levittown, New York, protests the award of contracts to several other firms by the Department of Veterans Affairs (VA) under request for proposals (RFP) No. VA-243-10-RP-0141, for home health care services. We deny the protest. The VA posted a presolicitation notice for this procurement on the FedBizOpps website on April 2, 2010. Consistent with the presolicitation notice, the RFP was issued on April 5, and posted on FedBizOpps and the Central Contractor Registry on April 6. Twelve firms submitted proposals by the RFP's May 11 closing date. Bestcare later filed a protest with the agency, asserting that it had not been notified about the issuance of the RFP and requesting an opportunity to submit a proposal. Bestcare then filed this protest with our Office, arguing that, as an incumbent contractor for a period of years, it was entitled to be individually notified of the issuance of the RFP. We will not sustain a protest challenging an agency's failure to solicit a successfully performing incumbent unless the record shows that adequate competition resulting in reasonable prices was not achieved, or there is conclusive evidence that the agency deliberately excluded an incumbent from the competition. Ehg, Timberland

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