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GAO Sustains Unsupported Past Performance Evaluation and Unequal Discussion Bid Protest

Date: November 16, 2016  /  Author: Lindsay K. Taft  /  Categories: Government Contracts, Construction Bidding, Contracting, Construction News and Notes, Memorable Quotes, Rants and Raves  /  Keywords: GAO Sustains Unsupported Past Performance Evaluation and Unequal Discussion Bid Protest 1  /  Comments (0)

Rotech Healthcare, Inc., a healthcare contractor, recently successfully protested the award of a home oxygen and durable medical equipment contract by the Department of Veterans Affairs to Lincare, Inc. based on an unsupported past performance evaluation and allegations of an unequal discussion.  See GAO Protest File Number:  File:  B-413024 (August 17, 2016).  The Request for Proposals (“RFP”) provided that award would be made on a “best value” basis to the offeror whose proposal was most favorable to the government based on the following evaluation factors with the following possible ratings:

 

  • Joint Commission Accreditation (Acceptable or Unacceptable)
  • Region of Service (Acceptable or Unacceptable)
  • Past Performance (Excellent, Good, Satisfactory, Unsatisfactory, or Neutral)
  • Technical Capability (Excellent, Good, Satisfactory, Unsatisfactory)
  • Price