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B-275784 1 (1997-03-27)

handle is hein.gao/gaocrptafvn0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: American Medical Professionals, Inc. File: B-275784 Date: March 27, 1997 Sam Zalman Gdanski, Esq., for the protester. James S. Ganther, Esq., for Seaborn Healthcare Services, an intervenor. John R. Osing, Jr., Esq., Department of the Navy, for the agency. Tania L. Calhoun, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Allegation that contracting agency improperly misled protester into raising its pricing over the course of the procurement is denied where the record shows that the protester was only asked to verify the pricing it had previously proposed; protester's determination to ignore that request and to instead raise its pricing in response reflects its own business judgment and no impropriety on the agency's part. DECISION American Medical Professionals, Inc. (AMP) protests the award of a contract to Seaborn Healthcare Services under request for proposals (RFP) No. N62645-96-R- 0003, issued by the Department of the Navy, Naval Medical Logistics Command, for ultrasound technician services at the Naval Medical Center in Portsmouth, Virginia. AMP chiefly argues that the Navy conducted inadequate discussions with the firm. We deny the protest. The solicitation anticipated the award of a fixed-price contract for the provision of these services by two ultrasound technicians over 1 base year, with up to 5 option years. The technicians are required to perform their duties for 40 hours per week during normal business hours. In addition, one technician is required to provide on- call services, on an as-needed basis, from the end of a given workday through the next morning. Award would be made to the offeror submitting the lowest-priced, technically acceptable offer.1 1Technical acceptability, not at issue here, would be determined based upon the documented professional and technical experience of the offered technicians. 319210

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