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B-279773 1 (1998-07-16)

handle is hein.gao/gaocrptahtp0001 and id is 1 raw text is: 


oComptroller General
             of the United States
             Washington, D.C. 20548
             Decision




             Matter of: SouthWest Critical Care Associates

             File:      B-279773

             Date:      July 16, 1998

             Bruce T. Gipe, M.D., for the protester.
             John R. Osing, Jr., Esq., Department of the Navy, for the agency.
             C. Douglas McArthur, Esq., and Christine S. Melody, Esq., Office of the General
             Counsel, GAO, participated in the preparation of the decision.
             DIGEST

             1. Under solicitation for health care services which directed offerors to submit
             comprehensive plans for ensuring continuity of service by proposed personnel,
             agency reasonably gave a higher rating to proposal of offeror that had entered into
             a formal agreement with another firm to provide emergency medical technician-
             paramedics, as compared with protester's proposal to use more general recruiting
             techniques.

             2. Under solicitation that advised offerors that agency would not dictate whether
             health care workers provided by the contractor would be classified as independent
             contractors or employees for federal tax purposes, contention, raised after award,
             that agency unreasonably failed to take into account the tax consequences of
             awardee's plan to treat proposed employees as independent contractors is an
             untimely challenge to an alleged solicitation defect.
             DECISION

             SouthWest Critical Care Associates protests the award of a contract to NES
             Government Services, Inc. under request for proposals (RFP) No. N62645-98-R-0008,
             issued by the Naval Medical Logistics Command for medical services. Southwest
             argues that the evaluation of its proposal, as well as the evaluation of NES's
             proposal, were unreasonable.

             We deny the protest.

             On November 3, 1997, the Navy issued the RFP for a fixed-price contract to provide
             the services of physicians, registered nurses, and emergency medical technician-
             paramedics (EMT-P) for the urgent care clinic in Lemoore, California, for a 5-month
             base period, with five 1-year option periods. The RFP provided for award to the
             offeror submitting the proposal determined most advantageous to the Government,

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