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

B-418366,B-418366.2,B-418288.2,B-418288.3 1 (2020-04-01)

handle is hein.gao/gaobaeawt0001 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
                                            The decision issued on the date below was subject to
Decision                                    a GAO Protective Order. This redacted version has
                                           1been approved for public release.


Matter of:   Sterisyn, Inc.

File:        B-418366; B-418366.2; B-418288.2; B-418288.3

Date:        April 1, 2020

Matthew P. Moriarty, Esq., Shane J. McCall, Esq., Ian P. Patterson, Esq., and Nicole D.
Pottroff, Esq., Koprince Law, LLC, for the protester.
Nathaniel A. Work, Esq., and Eric F. Christianson, Esq., Defense Logistics Agency, for
the agency.
Evan C. Williams, Esq., and Stephanie B. Magnell, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

1. Protests of solicitation provision in commercial item solicitations requiring that the
successful offeror enter into business agreements with non-governmental third party
entities are denied where the protester does not demonstrate that such provisions are
inconsistent with customary commercial practice.

2. Protests alleging that the payment scheme established by commercial item
solicitations will unreasonably result in the agency paying for the same services twice
are denied where the protester's objections fail to provide a basis to question the
agency's actions.

3. Protests that a solicitation provision that the successful offeror enter into business
agreements with non-governmental third party entities provides some offerors with an
unfair competitive advantage are denied where the record does not show any unfair
action or preferential treatment by the agency.

4. Protests alleging that the solicitations are ambiguous are denied where the record
shows that the terms of the solicitations provide sufficient information to allow offerors to
intelligently prepare their proposals on a common basis.
DECISION

Sterisyn, Inc., a small business of Moorpark, California, protests the terms of requests
for proposals Nos. SPE2D2-19-R-0050 (RFP-0050) and SPE2D2-19-R-0051 (RFP-
0051), issued by the Defense Logistics Agency (DLA) to establish requirements

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