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B-410203,B-410203.3 1 (2014-11-05)

handle is hein.gao/gaobadqte0001 and id is 1 raw text is: 




         G    A    O                                                   Comptroller General
      Accountabilty * 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-410203; B-410203.3

         Date:        November 5, 2014

         Kyle R. Jefcoat, Esq., David R. Hazelton, Esq., Kellyn Goler, Esq., and Yannick
         Morgan, Esq., Latham & Watkins LLP, for the protester.
         Daniel R. Forman, Esq., James G. Peyster, Esq., and Robert J. Sneckenberg, Esq.,
         Crowell & Moring LLP, for Community Surgical Supply, the intervenor.
         Jeanne S. Morris, Esq., Department of Veterans Affairs, for the agency.
         Jennifer D. Westfall-McGrail, Esq., and Edward Goldstein, Esq., Office of the
         General Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         1. Protest challenging the degree of relevance of awardee's past performance
         information is denied where record demonstrates that the agency reasonably
         evaluated the awardee as having highly relevant past performance.

         2. Protest arguing that agency failed to conduct proper price realism analysis is
         denied where contracting officer established realism of awardee's proposed prices
         by comparing them to other offerors' prices and the government's estimate.

         3. Tradeoff between awardee's and protester's proposals was not required where
         they were equally rated for non-price evaluation factors and the awardee's proposal
         was lower-priced.
         DECISION

         Rotech Healthcare, Inc., of Orlando, Florida, protests the award of a contract to
         Community Surgical Supply, of Toms River, New Jersey, under request for
         proposals (RFP) No. VA241-14-R-0003, issued by the Department of Veterans
         Affairs (VA) for home respiratory services. The protester challenges the agency's
         evaluation of proposals.


We deny the protest.

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