Sterling Medical Associates, Inc. (36C24419R0074)

Case: B-418674 Agency: Department of Veterans Affairs Protester: Sterling Medical Associates, Inc. Date: 2020-07-23 Denied
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B-418674,B-418674.2 Jul 23, 2020 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Sterling Medical Associates (Sterling), of Cincinnati, Ohio, protests the award of a contract to Valor Healthcare, Inc. (Valor), of Addison, Texas, pursuant to request for proposals (RFP) No. 36C24419R0074, issued by the Department of Veterans Affairs (VA) for the operation of an outpatient primary care and mental health clinic in McKean County, Pennsylvania. Sterling challenges the agency's evaluation of technical proposals and past performance, and further alleges that the contracting officer was biased against it. We deny the protest. View Decision 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:  Sterling Medical Associates, Inc. File:  B-418674; B-418674.2 Date:  July 23, 2020 Barbara A. Duncombe, Esq., Suzanne Sumner, Esq., Brandon E. Dobyns, Esq., Erin R. Davis, Esq., Sean A. Graves, Esq., Taft Stettinius & Hollister LLP, for the protester. Stuart B. Nibley, Esq., Amy Conant Hoang, Esq., Erica L. Bakies, Esq., Sarah F. Burgart, K&L Gates LLP, for Valor Healthcare, the intervenor. Deborah K. Morrell, Esq., Donald C. Mobly, Esq., Department of Veterans Affairs, for the agency. Michael Willems, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 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 DECISION   Sterling Medical Associates (Sterling), of Cincinnati, Ohio, protests the award of a contract to Valor Healthcare, Inc. (Valor), of Addison, Texas, pursuant to request for proposals (RFP) No. 36C24419R0074, issued by the Department of Veterans Affairs (VA) for the operation of an outpatient primary care and mental health clinic in McKean County, Pennsylvania.  Sterling challenges the agency’s evaluation of technical proposals and past performance, and further alleges that the contracting officer was biased against it.  We deny the protest. BACKGROUND The agency issued the RFP on August 20, 2019, under the commercial item procedures of Federal Acquisition Regulation (FAR) part 12.  Contracting Officer’s Statement (COS) at 1.  The RFP contemplated the award of a fixed-price, indefinite-delivery, indefinite-quantity contract for the operation of a community-based outpatient clinic (CBOC) in McKean County, Pennsylvania, for a 5-year base period and five 1-year option periods.  Agency Report (AR), Tab 3, RFP at 1, 8. The RFP provided for award based on the following evaluation factors, listed in descending order of importance:  (1) technical capability; (2) past performance; (3) socio-economic program participation; and (4) price.  Id. at 133.  The RFP indicated that award would be made to the responsible offeror whose offer conformed to the solicitation and would be most advantageous to the government, price and other factors considered.  Id.  The RFP noted that all non-price factors, when combined, were significantly more important than price.  Id.  The technical capability factor consisted of four subfactors:  (1) facility; (2) geographic location; (3) management, experience, and staffing; and (4) transition/start-up plan/retention.  RFP at 133.  The technical capability subfactors were of equal importance to one another.  Id.

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