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B-422078,B-422078.2 Dec 22, 2023 1 (2023-12-22)

handle is hein.gao/gaopri0001 and id is 1 raw text is: 



  G     A     O ; U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                   Comptroller General
Washington, DC 20548                                              of the United States

                                             DOCUMENT   FOR PUBLIC RELEASE

Decision                                   The decision issued on the date below was subject to
           Decisiona GAO Protective Order. This redacted version has
                                           been approved for public release.

Matter of:   ConsortiEX, Inc.

File:     B-422078; B-422078.2

Date:     December 22, 2023

Stephen  P. Ramaley, Esq., C. Peter Dungan, Esq., Adam A. Bartolanzo, Esq., and
Lauren S. Fleming, Esq., Miles & Stockbridge P.C., for the protester.
Lawrence  P. Block, Esq., Lawrence S. Sher, Esq., Elizabeth G. Leavy, Esq., William T.
Kirkwood, Esq., Winston & Strawn LLP, for LSPedia, Inc., the intervenor.
Desiree A. DiCorcia, Esq., and Rachel Fromm, Esq., Department of Veterans Affairs, for
the agency.
Michelle Litteken, Esq., and Christina Sklarew, Esq., Office of the General Counsel,
GAO,  participated in the preparation of the decision.
DIGEST

1. Protest that the solicitation was latently ambiguous is without a basis where the
protester does not show an ambiguity. To the extent the protester alleges a lack of
clarity in the solicitation, the alleged lack of clarity was evident prior to the deadline for
receipt of proposals, and this argument, having first been raised after award, is
dismissed as an untimely challenge to the terms of the solicitation.

2. Protest alleging the contracting officer ignored adverse information when making a
responsibility determination is dismissed where the assertion on which the protest is
based does  not constitute the type of allegation that triggers a review under our Bid
Protest Regulations.

3. Protest that the agency's past performance evaluation was unreasonable is denied
where the agency's judgments were reasonable and consistent with the terms of the
solicitation.

4. Protest challenging the agency's best-value award decision is denied where the
record shows that the selection authority's comparisons were meaningful and based on
the agency's reasonable evaluation of the competing proposals.

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