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B-409020,B-409020.2 1 (2014-01-10)

handle is hein.gao/gaobadqam0001 and id is 1 raw text is: 




 G             A    O                                                   Comptroller General
        Accountability * Integrity * Reliability                         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:   Rotech Healthcare, Inc.

          File:        B-409020; B-409020.2

          Date:        January 10, 2014

          Kyle R. Jefcoat, Esq., David R. Hazelton, Esq., Dean W. Baxtresser, Esq., Yannick
          B. Morgan, Esq., and Nicole B. Neuman, Esq., Latham & Watkins LLP, for the
          protester.
          John E. McCarthy Jr., Esq., and Derek R. Mullins, Esq., Crowell & Moring LLP, for
          Apria Healthcare, Inc., the intervenor.
          David G. Fagan, Esq., Department of Veterans Affairs, for the agency.
          Heather Weiner, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Protest that the agency improperly found the protester nonresponsible because the
          contracting officer failed to consider recent relevant information in assessing
          whether the protester had inadequate financial resources to perform the contract is
          denied where the record shows that the agency reasonably considered the
          available information concerning the protester.
          DECISION

          Rotech Healthcare Inc., of Orlando, Florida, protests the award of three contracts
          (to Norco Inc., of Boise, Idaho; Care Medical Equipment, Inc., of Portland, Oregon;
          and Apria Healthcare, Inc., of Lake Forest, California), under request for proposals
          (RFP) No. VA260-13-R-0020, issued by the Department of Veterans Affairs (VA),
          for the provision of home oxygen services. Rotech argues that the agency
          unreasonably found Rotech to be nonresponsible, and therefore ineligible for award.

          We deny the protest.

          BACKGROUND

          On March 8, 2013, the VA issued the RFP to provide ongoing home respiratory
          supplies and services to veterans and beneficiaries in the Veterans Integrated
          Service Network geographical service area No. 20. RFP at 1, 5. The RFP

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