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B-408032,B-408032.2 1 (2013-05-30)

handle is hein.gao/gaobadpov0001 and id is 1 raw text is: G A O Comptroller General AccntabI!it Inf * ReIabiLty of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. D e c i s i o n L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . .. Matter of: Onsite Health Inc File: B-408032; B-408032.2 Date: May 30, 2013 Thomas 0. Mason, Esq., Christopher J. Kimball, Esq., and Francis E. Purcell Jr., Esq., Cooley LLP, for the protester. Paul F. Khoury, Esq., Brian G. Walsh, Esq., Rachel A. Alexander, Esq., Tara L. Ward, Esq., and Stacie L. Gonsalves, Esq., Wiley Rein LLP, for Logistics Health, Inc., the intervenor. David R. Smith, Esq., Jennifer M. Hesch, Esq., and Roger K. Corman, Esq., Department of Defense, TRICARE Management Activity, for the agency. Charles W. Morrow, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protester was not treated disparately as compared to the awardee where the agency restored the protester's previously-excluded proposal to the competitive range, and provided an opportunity for meaningful discussions. 2. A competitive advantage arising from the awardee's performance of the incumbent contract did not give rise to an organizational conflict of interest where the advantage was attributable to a normal incumbent's advantage, and not preferential treatment or unfair action by the agency. 3. Protest challenging agency's evaluation of the protester's technical proposal is denied where protester does not demonstrate that the evaluation was based on unequal treatment. DECISION Onsite Health, Inc., of Arlington Virginia, protests the award of a contract to Logistics Health, Inc. (LHI), of La Crosse, Wisconsin, under request for proposals (RFP) No. HT001 1-1 2-R-0009, issued by the Department of Defense, TRICARE Management Activity (TMA), for Reserve Health Readiness Program services. Onsite argues that TMA treated the offerors unequally during discussions, failed to

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