HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.gao/gaobadohw0001 and id is 1 raw text is:
A 0 Comptroller General
Accountability * Integrity * Reliability of the United States
U n ited S tates G o v ern m en t A cco u n tab ility O ffice ----------------------------------------------------------------------------------------------------------------------
Washington, DC 20548 DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to a
GAO Protective Order. This redacted version has been
Decision pproved for public release.
Matter of: Medical Development International, Inc.
File: B-402198.2
Date: March 29, 2010
Timothy E. Heffernan, Esq., Robert G. Barbour, Esq., and Matthew E. Vinciguerra,
Esq., Watt, Teider, Hoffar & Fitzgerald, for the protester.
Thomas C. Papson, Esq., Phillip Carter, Esq., Jayson A. Carey, Esq., and Matthew T.
Crosby, Esq., McKenna Long & Aldridge LLP, for NaphCare, Inc., an intervenor.
William Robinson, Esq., and Bradley J. Breslin, Esq., Department of Justice, for the
agency.
John L. Formica, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
1. Agency's evaluation of proposals for comprehensive medical services for a federal
correctional complex was not reasonable where the agency determined that the
awardee's proposal included a firm commitment to provide [DELETED], even
though the proposal required that the agency inform the awardee in writing by a
specified date that the agency wanted the [DELETED] provided, and that date had
passed without the requisite action.
2. Agency failed to consider price in accordance with the terms of the solicitation
during its source selection where the solicitation advised offerors that their
evaluated price would include base and option period pricing, and the agency's
source selection decision references only the base period pricing and reflects no
recognition of the price advantages of the protester's proposal, which increased from
the base period through each of the option periods.
DECISION
Medical Development International, Inc. (MDI), of Ponte Vedra Beach, Florida,
protests the award of a contract to NaphCare, Inc., of Birmingham, Alabama, under
request for proposals (RFP) No. THA-0198, issued by the Federal Bureau of Prisons
(BOP), Department of Justice, for comprehensive medical services for a federal
correctional complex in Terra Haute, Indiana. MDI contends that the agency's](ViewImageLocal?handle=hein.gao/gaobadohw0001&div=1&collection=&method=preview&ext=.png&size=3)