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B-278400 1 (1998-01-26)

handle is hein.gao/gaocrptahoh0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision                                 DOCUMENT FOR PUBLIC RELEASE
                                        The decision issued on the date below was subject to a I
                                        GAO Protective Order. This redacted version has been
                                        approved for public release.



Matter of: University of Kansas Medical Center

File:        B-278400

Date:        January 26, 1998

Michael J. Blake, Esq., Levy and Craig, for the protester.
Phillipa L. Anderson, Esq., Dennis Foley, Esq., Jane Converse, Esq., and Phillip
Kauffman, Esq., Department of Veterans Affairs, for the agency.
Linda C. Glass, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

1. Determination to award to offeror submitting higher-priced, technically superior
proposal under a solicitation which stated that proposed price was more important
than technical evaluation factors is unobjectionable where the agency reasonably
determined that the awardee's substantial technical advantage warranted payment
of the price premium associated with its proposal.

2. Agency conducted meaningful discussions where it led protester into area of its
proposal that required amplification and improvement.
DECISION

The University of Kansas Medical Center (KUMC) protests the award of a contract
to Health MidWest under request for proposals (RFP) No. 589-07-97 issued by the
Department of Veterans Affairs (VA) for radiation therapy, consultation, and
treatment of veterans. The protester argues that the agency improperly evaluated
technical proposals, failed to conduct meaningful discussions, and made an
improper award based on a defective cost/technical trade-off.

We deny the protest.

The RFP, issued on February 20, 1997, contemplated the award of a fixed-price
contract for a base year, with two 1-year options. The solicitation, which required
that contractors be licensed by the state in which they operate and be accredited by
the Joint Commission on Accreditation of Healthcare Organizations (JCAHO),1


1The JCAHO is an independent organization that monitors and rates the
performance of hospital systems.

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