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B-420528,B-420528.2 May 23, 2022 1 (2022-05-23)

handle is hein.gao/gaondt0001 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: Cue Health, Inc. File: B-420528; B-420528.2 Date: May 23, 2022 Scott Arnold, Esq., Dominique Casimir, Esq., Justin A. Chiarodo, Esq., and Elizabeth N. Jochum, Esq., Blank Rome LLP, for the protester. Katherine B. McCulloch, Esq. and Mariam Ibrahim, Esq., Defense Logistics Agency, for the agency. Sarah T. Zaffina, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly excluded protester from the competitive range is denied where record shows that agency's evaluation was reasonable and consistent with the solicitation's evaluation criteria. DECISION Cue Health Inc. (Cue), a small business of San Diego, California, protests the exclusion of its proposal from the competitive range under request for proposals (RFP) No. SPE2DE-22-R-0007, issued by the Defense Logistics Agency (DLA) for SARS-CoV-2 (COVID), influenza (flu), and respiratory syncytial virus (RSV) rapid test kits and analyzers. The protester contends that the agency's decision to exclude its proposal was the result of an unreasonable and unequal evaluation. We deny the protest. BACKGROUND Issued on December 23, 2021, under the procedures of Federal Acquisition Regulation (FAR) parts 12 and 15, the RFP contemplated award of multiple indefinite-delivery, indefinite-quantity (IDIQ) contracts for a period of 18 months from the date of award to meet the continuing need for rapid COVID, flu, and RSV test kits. Agency Report (AR), Tab 1, RFP at 4-5; Contracting Officer's Statement and

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