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B-421405.2,B-421405.3 Aug 04, 2023 1 (2023-08-04)

handle is hein.gao/gaopba0001 and id is 1 raw text is: 



                    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
Decision                                   a GAO Protective Order. This redacted version has
                                           been approved for public release.


Matter of:   Health Net Federal Services, LLC

File:     B-421405.2; B-421405.3

Date:     August 4,   2023

Amy  L. O'Sullivan, Esq., Robert J. Sneckenberg, Esq., Cherie J. Owen, Esq., James
G. Peyster, Esq., William B. O'Reilly, Esq., Zachary H. Schroeder, Esq., Issac
D. Schabes, Esq., and David H. Favre III, Esq., Crowell & Moring LLP, for the protester.
Robert S. Ryland, Esq., H. Boyd Greene, Esq., and Ashley Pincock, Esq., Kirkland &
Ellis LLP, and Marcia G. Madsen, Esq., Luke Levasseur, Esq., Cameron R. Edlefsen,
Esq., and Evan C. Williams, Esq., Mayer Brown LLP, and Robert J. Rothwell, Esq.,
Robert D. Vander Lugt, Esq., Amanda J. Dietrick, Esq., and Jenny J. Yang, Esq., Little,
Rothwell, and Vander Lugt PLLC, for TriWest Healthcare Alliance Corporation, the
intervenor.
Michael R. Bibbo, Esq., Morgan Hilgendorf, Esq., Dennis A. Dyke, Esq., Jason Smith,
Esq., Justin Dalton, Esq., Bradley Richardson, Esq., Erik Troff, Esq., and Song Kim,
Esq., Department of Defense, for the agency.
Michael Willems, Esq., and Evan D. Wesser, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

1. Protest alleging that agency misevaluated proposals and made an unreasonable
source selection decision is denied where the record shows that the agency's
evaluation was reasonable and consistent with the terms of the solicitation.

2. Protest that agency engaged in misleading discussions by raising several
weaknesses  early in discussions, but failing to raise them again in subsequent rounds
of discussions is denied where the record shows that the agency raised the
weaknesses  several times and made no representations that might lead the protester to
believe they were resolved.

3. Protest that the owners of an other-than-small business may not be excluded from a
small business subcontracting plan as affiliates because they cannot meet the tests for
affiliation in the Small Business Administration's (SBA) regulations is denied, because
the solicitation adopted the Federal Acquisition Regulation's (FAR) general definition of

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