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B-421363.2 Nov 08, 2023 1 (2023-11-08)

handle is hein.gao/gaopmx0001 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 version has been
                                          approved for public release.

Matter of:  Texas Waste  Company,  LLC

File:       B-421363.2

Date:       November  8, 2023

Laurence Schor, Esq., and Scott D. Boyle, Esq., Asmar, Schor & McKenna, PLLC, for
the protester.
Natica C. Neely, Esq., Department of Veterans Affairs, for the agency.
Uri R. Yoo, Esq., and Alexander O. Levine, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Protest alleging that agency made an unreasonable source selection decision based on
bias is denied where the record shows that the agency's evaluation was reasonable and
consistent with the terms of the solicitation, and the protester failed to provide
convincing evidence of bad faith.
DECISION

Texas Waste  Company,  LLC, a service-disabled veteran-owned small business
(SDVOSB)   of New Braunfels, Texas, protests the award of a contract to CLC Services,
Inc., a SDVOSB of Leming, Texas, under request for quotations (RFQ)
No. 36C25722Q1173,   issued by the Department of Veterans Affairs (VA) for regulated
medical waste removal and disposal services. Texas Waste asserts that the VA's
evaluation of past performance was improperly affected by a bias against Texas Waste.

We  deny the protest.

BACKGROUND

The agency issued the solicitation on October 5, 2022, under the commercial item
procedures of Federal Acquisition Regulation (FAR) part 12 and the simplified
acquisition procedures of FAR part 13. Agency Report (AR), Exh. 1, RFQ at 1, 72-73.1


1 Citations to the RFQ are to the conformed copy provided at exhibit 1 of the agency
report. All page citations to the record are to the Adobe PDF page numbers.

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