About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-417283,B-417283.2 1 (2019-04-26)

handle is hein.gao/gaobadzey0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Matter of: Total Home Health File: B-417283; B-417283.2 Date: April 26, 2019 Rebecca E. Pearson, Esq., and Christopher G. Griesedieck, Esq., Venable, LLP, for the protester. David F. Dowd, Esq., Mayer Brown LLP, for Rotech Healthcare Inc., the intervenor. Brian R. Reed, Esq., and Donald C. Mobly, Esq., Department of Veterans Affairs, for the agency. Jonathan L. Kang, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the agency's conduct of discussions is sustained where the agency advised the protester that it was concerned with three areas of the protester's price in a manner that misled the protester into believing a revision in only those three areas would increase its chances for award. 2. Protest challenging the agency's affirmative determination of responsibility for the awardee is denied where the record shows that the contracting officer considered the information cited by the protester concerning the awardee. DECISION Total Home Health (THH), of Elgin, Illinois, challenges the award of a contract to Rotech Healthcare, Inc., of Orlando, Florida, by the Department of Veterans Affairs (VA) under request for proposals (RFP) No. 36C25218R1 040, for medical services and equipment. The protester argues that the agency misled it during discussions, and unreasonably concluded that the awardee was a responsible offeror. We sustain in part and deny in part the protest. BACKGROUND The VA issued the solicitation on October 23, 2018, seeking proposals to provide home respiratory services and durable medical equipment for Veterans Integrated Service

What Is HeinOnline?

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.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most