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B-407328.3 1 (2013-02-01)

handle is hein.gao/gaobadpra0001 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: CAE Healthcare, Inc. File: B-407328.3 Date: February 1, 2013 Joseph P. Hornyak, Esq., Alexander B. Ginsberg, Esq., and Timothy J. Taylor, Esq., Holland & Knight LLP, for the protester. Debra J. Talley, Esq., Department of the Army, for the agency. Tania Calhoun, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Request for recommendation that protest costs be reimbursed is denied where agency did not unduly delay taking corrective action in the face of a clearly meritorious protest. DECISION CAE Healthcare, Inc., of Sarasota, Florida, requests that we recommend that it be reimbursed the costs of filing and pursuing its protest challenging the Department of the Army's award of a contract to Laerdal Medical Corporation, of Wappinger Falls, New York, under request for proposals (RFP) No. W900KK-1 2-R-001 3, issued to procure High Fidelity Tetherless Mannequins for training at the Army's Medical Simulation Training Centers. We deny the request. The RFP, issued on April 23, 2012, as a commercial items acquisition under Federal Acquisition Regulation (FAR) Part 12, provided for the award of a fixed- price contract for Virtual Patient Systems High Fidelity Tetherless Mannequins (HFTM). Contractors were to deliver systems that met the specific requirements defined in the statement of work (SOW), including those in an appendix. Award was to be made on a best value basis, considering technical capability, past performance, and price evaluation factors. The non-price factors, when combined, were significantly more important than price. RFP Proposal Submission Instructions at 12. Under the technical capability factor, the Army was to evaluate both written

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