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B-415897,B-415898 1 (2018-04-17)

handle is hein.gao/gaobaduok0001 and id is 1 raw text is: 



GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                             of the United States
                                          .......................................................................................................................
                                             DOCUMENT FOR PUBLIC RELEASE
                                           The decision issued on the date below was subject to
Decision                                   a GAO Protective Order. This redacted version has
                                           been approved for public release.


Matter of:   Xenex Disinfection Services, LLC

File:        B-415897; B-415898

Date:        April 17, 2018

Joseph W. Whitehead, Esq., and Scott M. Heimberg, Esq., Akin Gump Strauss Hauer &
Feld LLP, for the protester.
Donald C. Mobly, Esq., and Lindsay C. Roop, Esq., Department of Veterans Affairs, for
the agency.
Michael Willems, Esq., Eric Ransom, Esq., and Edward Goldstein, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST

1. Where the term effectiveness was not defined in the solicitation and no accepted
industry standard definition existed, agency's application of a common sense definition
of the term was reasonable.

2. In procurement of disinfection devices for use in a hospital setting, where evaluation
was based on agency review of peer-reviewed journals by evaluators with substantial
expertise, we will not question an agency's exercise of medical judgment in assessing
whether medical information is reliable or significant.
DECISION

Xenex Disinfection Services, LLC, a small business of San Antonio, Texas, protests the
award of two contracts to Steriliz, LLC, of Rochester, New York, under solicitation Nos.
VA250-17-Q-0774 and VA250-17-Q-0746 by the Department of Veterans Affairs (VA)
for ultraviolet (UV) disinfection devices to be used in VA hospitals. The protester
alleges that the awardee's product fails to meet material requirements of the
solicitations and that the agency should have found the awardee technically
unacceptable.


We deny the protests.

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