CardioMetrix

B-270701 Mar 13, 1996 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Protester's argument that it is unreasonable for the agency to specify the number of patients that a contract physician must examine in a workday is denied where the examinations are for a limited purpose (i.e. The record contains no evidence that the physician will be unable to perform the specified number of examinations in the allotted time. Prospective offeror bears the risk of not receiving a solicitation amendment where there is no evidence that the agency deliberately failed to send it a copy. Thus effectively was precluded from reviewing its contents and submitting a timely offer. Which was issued on November 9. Offers were due by December 11. Which was an "unethically" short period of time for examination and/or treatment. [1] On December 8. View Decision Matter of: CardioMetrix File: B-270701 Date: March 13, 1996 Protester's argument that it is unreasonable for the agency to specify the number of patients that a contract physician must examine in a workday is denied where the examinations are for a limited purpose (i.e., to determine the fitness of civil service mariners for duty at sea), and the record contains no evidence that the physician will be unable to perform the specified number of examinations in the allotted time. Prospective offeror bears the risk of not receiving a solicitation amendment where there is no evidence that the agency deliberately failed to send it a copy, and where the protester rebuffed repeated attempts by the agency to contact it to discuss the amendment. Attorneys DECISION CardioMetrix protests the specifications in request for proposals (RFP) No. N62381-96-R-0001, issued by the Department of the Navy, Military Sealift Command (MSC) for physician services. In particular, CardioMetrix objects to a solicitation provision requiring the contract physician to see up to 20 patients per day. The protester also complains that it failed to receive a copy of amendment No. 0002 to the RFP until immediately prior to closing, and thus effectively was precluded from reviewing its contents and submitting a timely offer. We deny the protest. The RFP, which was issued on November 9, 1995, sought the services of a licensed physician(s) to perform physical examinations of civil service mariners to ensure their fitness for duty at sea. As originally issued, the RFP provided that the physician would be expected to see up to 30 patients per day, with complete physical examinations accounting for up to 25 patients per day and the remainder being evaluations or "sickcall" visits. The RFP also required that the physicians be trained in the standards and procedures set forth in MSC Instruction 6000.1C. Offers were due by December 11. On December 7, CardioMetrix filed a protest with our Office, complaining that although the solicitation required the contractor to provide physicians trained in the standards and procedures set forth in MSC Instruction 6000.1C, offerors had not been furnished with copies of the instruction. The protester also objected to the requirement that the physician see up to 30 patients per day, arguing that this translated to an average of one patient every 12 minutes, which was an "unethically" short period of time for examination and/or treatment. [1] On December 8, the agency issued amendment No. 0001 to the RFP, which clarified certain aspects of the solicitation not relevant to this protest and extended the closing date to December 19. On December 14, the agency issued amendment No. 0002, which responded to CardioMetrix's protest by furnishing to all of the sources on its mailing list a copy of MSC Instruction 6000.1C and by revising the provision requiring the physician to see up to 30 patients per day as follows: "The licensed Physician will be expected to see up to 20 patients per day. Complete physical examinations account for up to 12 patients per day, the remainder being evaluations or sickcall visits. Overtime will not be paid." Elsewhere in the amendment, the agency elaborated on the above language, noting that although the solicitation had been revised to require the physician to see up to 20 patients per day "on an average," "the number [might] increase to a maximum of 30." The agency explained that during the years 1987-1993, it had processed up to 30 patients per day, but that due to current restrictions on hiring, it was now processing only up to 20 patients per day. The amendment again extended the closing date for receipt of offers, this time to January 4, 1996. On January 4, after attempting unsuccessfully on a dozen separate occasions to contact CardioMetrix's chief operating officer to discuss the possibility of protest withdrawal, [2] the agency requested that our Office dismiss the protest as academic on the ground that amendment No.