Harry Feuerberg & Steven Steinbaum

B-261333 Sep 12, 1995 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Protest that solicitation requirement for board certified physician radiologists improperly restricts competition is denied where agency states the certification requirement is necessary to ensure the safety and reliability of patient care and protesters fail to show that the agency's justification is unreasonable. Protest that solicitation provisions are unclear is denied where all provisions to which the protesters object reasonably describe the requirements and services to be performed. That the RFP is unclear regarding the applicability of a compensation ceiling to this procurement and the Region VII definite/ indefinite requirements. The protesters also contend that the RFP impermissibly bars the selected contractor from employing any radiologist who is the subject of an investigation concerning the radiologist's qualifications. [1] We deny the protest. View Decision Matter of: Harry Feuerberg & Steven Steinbaum File: B-261333 Date: September 12, 1995 Protest that solicitation requirement for board certified physician radiologists improperly restricts competition is denied where agency states the certification requirement is necessary to ensure the safety and reliability of patient care and protesters fail to show that the agency's justification is unreasonable. Protest that solicitation provisions are unclear is denied where all provisions to which the protesters object reasonably describe the requirements and services to be performed. Attorneys DECISION Harry Feuerberg and Steven Steinbaum protest the terms of request for proposals (RFP) No. DADA10-95-R-0025, issued by the Department of the Army to acquire radiology services at 37 military treatment facilities (MTFs) within the Army Medical Command. Feuerberg & Steinbaum, the incumbent contractors at the William Beaumont Army Medical Center in the El Paso area, allege that the RFP requirement regarding the use of board certified radiologists does not reflect the agency's actual minimum needs; that the agency failed to require medical malpractice liability insurance; that the RFP is unclear regarding the applicability of a compensation ceiling to this procurement and the Region VII definite/ indefinite requirements. The protesters also contend that the RFP impermissibly bars the selected contractor from employing any radiologist who is the subject of an investigation concerning the radiologist's qualifications. [1] We deny the protest. The requirement was synopsized in the Commerce Business Daily on March 1, 1995, and the agency issued the RFP on April 10 as a follow-on to current regional contracts for similar services, one of which the protesters are presently performing in El Paso. The RFP requires the selected contractor to provide qualified physicians to perform diagnostic radiology services at multiple MTF locations and regions under the control and general supervision of the MTF commander or chief of the clinic where the services are being provided. The follow-on requirement is divided into nine geographic regions with each region having a minimum of one MTF. The RFP also contains a detailed statement of work describing the various duties and tasks required, and sets forth specific requirements concerning the types of experience and licensing radiologists must possess, including the requirement that all radiologists be board certified or board eligible for certification within 2 years following completion of radiology residency. As amended, the RFP contemplates awards of up to nine fixed-price indefinite delivery, indefinite quantity contracts for a base year with four 1-year options. On June 8, the agency issued a clarification letter to all prospective offerors which, among other things, discussed the compensation ceiling which applies to all radiologists under this solicitation. Feuerberg & Steinbaum contend that the requirement for board certified radiologists is arbitrary and exceeds the government's minimum needs because the current contractor-provided civilian radiologists and military radiologists were not required to meet this standard. On this basis, the protesters assert that some experienced radiologists would not remain eligible for employment, thereby limiting the competitive pool of radiologists from which contractors such as itself could employ. In preparing a solicitation for supplies or services, a contracting agency must specify its needs and solicit offers in a manner designed to achieve full and open competition, 10 U.S.C. Sec. 2305(a)(1)(A) (1994), and may include restrictive provisions or conditions only to the extent necessary to satisfy the agency's needs. 10 U.S.C. Sec. 2305(a)(1)(B). Where a protester alleges that a requirement is unduly restrictive of competition, we will review the record to determine whether the requirement has been justified as necessary to satisfy the agency's minimum needs.