About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-407108 1 (2012-11-05)

handle is hein.gao/gaobadpen0001 and id is 1 raw text is: 




         G    A    O                                                    Comptroller General
      Accountabilty * Integrity * Reliability                           of the United States
United States Government Accountability Office         DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                                 The decision issued on the date below was subject to
                                                     a GAO Protective Order. This redacted version has
                                                     been approved for public release.
         D  e c i s i o n                          L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . ..


         Matter of:   Laboratory Corporation of America

         File:        B-407108

         Date:        November 5, 2012

         David E. Frulla, Esq., Robert I. Steiner, Esq., and Elizabeth C. Johnson, Esq.,
         Kelley Drye & Warren LLP, for the protester.
         Merle M. DeLancey, Esq., and Ryan P. McGovern, Esq., Dickstein Shapiro LLP, for
         Quest Diagnostics, Inc., an intervenor.
         Kevin L. Pearson, Esq., Department of Veterans Affairs, for the agency.
         Jennifer D. Westfall-McGrail, Esq., and Edward Goldstein, Esq., Office of the
         General Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         1. Under solicitation contemplating establishment of fixed-price blanket purchase
         agreement, protest objecting to agency's failure to perform realism analysis of
         successful vendor's pricing for individual items is denied where the contracting
         officer reasonably evaluated the awardee's lower price.

         2. Protester's challenge to technical evaluation is denied where the weaknesses
         attributed to the protester's technical submission were reasonably based.
         DECISION

         Laboratory Corporation of America (LabCorp), of Burlington, North Carolina,
         protests the establishment of a blanket purchase agreement (BPA) with Quest
         Diagnostics Nichols Institute (Quest), of Chantilly, Virginia, under request for
         quotations (RFQ) No. VA-246-1 1 -RQ-0321, issued by the Department of Veterans
         Affairs for laboratory testing services for Veterans Integrated Service Network
         (VISN) 6. The protester argues the agency failed to conduct an adequate analysis
         of the realism of Quest's proposed pricing. LabCorp also argues that the evaluation
         of its own technical proposal was unreasonable.'

         1 While the solicitation was issued as a RFQ, it referred to vendor submissions as
         proposals and the vendors themselves as offerors.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most