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B-419140,B-419140.2 1 (2020-12-10)

handle is hein.gao/gaobaecdd0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States Decision Matter of: CareandWear II, LLC File: B-419140; B-419140.2 Date: December 10, 2020 Chaitenya Razdan, for the protester. Amanda Stone, Esq., Defense Logistics Agency, for the agency. Raymond Richards, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the agency's interpretation of a solicitation requirement to submit a test report showing that the offeror's product met certain performance metrics is denied where the solicitation's test requirements were unambiguous. 2. Allegation of bad faith on the part of agency personnel is denied where there is no evidence in the record to support a finding that government personnel acted with specific, malicious intent to harm the protester. DECISION CareandWear II, LLC (Care+Wear), a small business of New York, New York, protests its elimination from award consideration by the Defense Logistics Agency (DLA), under request for proposals (RFP) No. SPE1 C1-20-R-0138, issued for disposable isolation gowns. The protester argues that it submitted the lowest-priced, technically acceptable proposal, and the agency's decision to eliminate Care+Wear from the competition was unreasonable. Additionally, the protester alleges that the agency acted in bad faith. We deny the protest. BACKGROUND DLA issued the solicitation on July 20, 2020, pursuant to the commercial item procedures of Federal Acquisition Regulation (FAR) part 12, and the evaluation procedures of FAR subpart 15.4. Conformed RFP (RFP) at 3-4, 26. The RFP sought proposals for level 2 disposable isolation gowns, and divided the agency's requirement into three distinct lots based on the preference for certain domestic commodities and

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