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B-421311,B-421311.2 Mar 15, 2023 1 (2023-03-15)

handle is hein.gao/gaoojv0001 and id is 1 raw text is: U.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: Superior Optical Labs, Inc. File: B-421311; B-421311.2 Date: March 15, 2023 John E. McCarthy Jr., Esq., and Zachary H. Schroeder, Esq., Crowell & Moring LLP, and Elizabeth Haws Connally, Esq., Connally Law, PLLC, for the protester. David Gallacher, Esq., Emily Theriault, Esq., and Adam Bartolanzo, Esq., Sheppard Mullin Richter & Hampton LLP, for PDS Consultants, Inc., the intervenor. Natica Chapman Neely, Esq., Department of Veterans Affairs, for the agency. Raymond Richards, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Post-award protest that the agency failed to solicit proposals in accordance with its actual needs is dismissed as untimely. 2. Protest that a wide pricing disparity evidenced different understandings of the requirement causing the agency to evaluate proposals on an uncommon basis is denied where the record shows that the competing proposals were based on the same commercial items and services, the same product descriptions, and the same estimated quantities. 3. Protest challenging the contracting officer's unbalanced pricing analysis as unreasonable is denied where the record shows that the analysis complied with applicable regulation and was otherwise unobjectionable. 4. Protest that the contracting officer's affirmative determination of responsibility violated applicable regulation is denied where the record does not demonstrate the alleged regulatory violation. 5. Protest challenging the best-value tradeoff decision is denied where the record demonstrates that the agency recognized the benefits associated with the higher-rated proposal and determined that such benefit did not justify paying the price premium associated with it.

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