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How does Eli Richardson's past work with the federal government inform his client interactions? Find out more>

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In June 2016, AmSurg Corp. and Envision Healthcare Holdings, Inc. (Envision) announced they have signed a definitive merger agreement pursuant to which the companies will combine in an all-stock transaction. Upon completion of the merger, which is expected to be tax-free to the shareholders of both organizations, the combined company will be named Envision Healthcare Corporation and co-headquartered in Nashville, Tennessee and Greenwood Village, Colorado. The company's common stock is expected to trade on the New York Stock Exchange under the ticker symbol: EVHC. Bass, Berry & Sims served as lead counsel on the transaction, led by Jim Jenkins. Read more.

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Inside the FCA blogInside the FCA blog features ongoing updates related to the False Claims Act (FCA), including insight on the latest legal decisions, regulatory developments and FCA settlements. The blog provides timely updates for corporate boards, directors, compliance managers, general counsel and other parties interested in the organizational impact and legal developments stemming from issues potentially giving rise to FCA liability.

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GovCon Blog: Successful GAO Bid Protest of VA Award

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July 24, 2015

We represented Ed Medical, Inc., a Tennessee-based full service home medical supply provider, in a successful bid protest at the U.S. Government Accountability Office (GAO). For the past 11 years, Ed Medical has been providing home oxygen services for the Veterans Administration (VA) . Ed Medical's VA contract covers Region 9 of the Veterans Integrated Services Network (VISN 9) which includes Tennessee and Kentucky, as well as portions of Mississippi and West Virginia. Last year, the VA released a solicitation for follow-on work in VISN 9, for which Ed Medical submitted a competitive proposal. 

In March 2015, the VA announced an award under the solicitation to another contractor, revealing the award price of approximately $18 million. Given Ed Medical's vast experience providing home oxygen services in the region, it was immediately clear the price of the award was far too low for the work required. Thus, we filed a bid protest at GAO challenging the VA's award decision based on the award price.

In the protest, we argued that the Solicitation required the VA to evaluate each offeror's proposed price to determine whether it was realistic, i.e., whether the offeror could actually perform the work for the proposed price. The record demonstrated that the VA failed to conduct the price realism analysis, and awarded the contract without considering the risk inherent with such an unrealistically low price.  GAO agreed with our argument and sustained the protest on those grounds. The VA was instructed to take corrective action and reevaluate the offeror's price proposals for realism, and potentially make a new source selection decision.

To read the decision, click here.

Read more about government contracts on www.BassBerryGovCon.com.


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