B-299526; B-299526.2, Medical Matrix, LP, June 12, 2007
Case: B-299526
Agency:
Protester: B
Date: 2007-06-12
Denied
B-299526; B-299526.2, Medical Matrix, LP, June 12, 2007
TITLE: B-299526; B-299526.2, Medical Matrix, LP, June 12, 2007
BNUMBER: B-299526; B-299526.2
DATE: June 12, 2007
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B-299526; B-299526.2, Medical Matrix, LP, June 12, 2007
DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to a GAO Protective
Order. This redacted version has been approved for public release.
Decision
Matter of: Medical Matrix, LP
File: B-299526; B-299526.2
Date: June 12, 2007
Kenneth Weckstein, Esq., Shlomo D. Katz, Esq., and Tammy Hopkins, Esq.,
Epstein Becker & Green, PC, for the protester.
Marcia G. Madsen, Esq., David F. Dowd, Esq., and David B. Robbins, Esq.,
Mayer, Brown, Rowe & Maw LLP, for SXC Health Solutions, Inc., an
intervenor.
Maura C. Brown, Department of Veterans Affairs, for the agency.
Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest challenging reasonableness of agency's past performance
evaluation is denied where challenge is based on assumption that awardee
had not previously performed requirements called for in solicitation,
which is not supported by record.
2. Protest alleging that agency improperly failed to consider past
performance in connection with its evaluation of proposals under technical
evaluation criteria is denied where evaluation scheme included separate
technical and past performance evaluation criteria, and did not provide
for evaluation of past performance under technical criteria.
3. Protest that agency failed to recognize that awardee's proposed price
was unrealistically low as compared to protester's is denied where record
shows that, although protester was incumbent contractor, solicitation
called for work not previously performed by protester; price disparity
between protester's and awardee's proposals is attributable to this
component of the requirement; and awardee has previous experience
performing this aspect of the requirement, which agency recognized as
basis for price disparity.
DECISION
Medical Matrix, LP protests the award of a contract to SXC Health
Solutions, Inc. under request for proposals (RFP) No. 741-07-05, issued by
the Department of Veterans Affairs (VA) for services in connection with
providing and managing pharmaceutical transactions. Medical Matrix asserts
that the agency misevaluated proposals and made an unreasonable source
selection decision.
We deny the protest.
BACKGROUND
VA provides pharmacy benefits under three programs that it administers:
VA's civilian health and medical program, the spina bifida health care
program, and the children of women Vietnam veterans healthcare program.
The RFP contemplated the award of a fixed-price contract for a base year,
with four 1-year options, to provide various services in connection with
these programs. Specifically, the contractor is to provide: retail
pharmacy services to the agency's beneficiary population through a
nationwide network of pharmacies; a range of pharmacy claims transaction
processing services; help desk services, as well as a web site, for the
agency's beneficiary population; and various reports that distill
information relating to the pharmacy transactions being processed. RFP at
14-27. Offerors were advised that the beneficiary population for the
programs was 251,108, that the total number of prescriptions for this
group was approximately 3.5 million, and that, of this number,
approximately 1.34 million prescriptions would be filled through retail
pharmacies, 1 million prescriptions would be filled at the VA mail order
pharmacy, and 1.13 million prescriptions were beneficiary-submitted retail
or VA in-house treatment initiative paper claims. Id. at 12.
Offerors were advised that award would be made on a "best value" basis,
considering technical capability, past performance, and price, with
technical capability more important than past performance, and technical
capability and past performance together more important than price. RFP at
4.
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