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B-418019.6 1 (2021-01-29)

handle is hein.gao/gaobaecla0001 and id is 1 raw text is: 


                    1Oo U.S. GOVERNMENT ACCOUNTABILITY OFFICE
                                A Century of Non-Partisan Fact-Based Work
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
Decision                                   a GAO Protective Order. This version has been
                                           approved for public release.


Matter of:   Veterans Medical Supply, Inc.

File:        B-418019.6

Date:     January 29,   2021

John M. Manfredonia, Esq., Manfredonia Law Offices, LLC, for the protester.
Jennifer Claypool, Esq. and Maura C. Brown, Esq., Department of Veterans Affairs, for
the agency.
Christopher Alwood, Esq., and Christina Sklarew, Esq., Office of the General Counsel,
GAO,  participated in the preparation of the decision.
DIGEST

Protest challenging the agency's corrective action is denied where the record shows
that the agency's decision to reopen discussions and seek revised price proposals as
part of its corrective action was reasonable and within the agency's broad discretion in
this area.
DECISION

Veterans Medical Supply, Inc., of St. Petersburg, Florida, protests the corrective action
taken by the Department of Veterans Affairs (VA) in response to a prior protest with our
Office under request for proposals (RFP) No. 36C79119R0009, for positive airway
pressure devices, accessories, and replacement parts. Veterans Medical Supply
maintains that allowing the submission of revised price proposals as part of the
agency's corrective action is improper.

We  deny the protest.

BACKGROUND

The agency  issued the RFP on November  7, 2019, seeking proposals for various
positive airway pressure (PAP) devices, and associated accessories and replacement
parts, including facial interfaces and mask liners, to supply VA medical facilities.
B-418019.4, Protest, attach. 1, RFP at 6. The RFP provided for the award of multiple
fixed-price indefinite-delivery, indefinite-quantity (IDIQ) contracts on a lowest-priced,
technically acceptable basis, with a 1-year base period and four 1-year option periods.
Id. at 6, 88.

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