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B-422553.2 Aug 09, 2024 1 (2024-08-09)

handle is hein.gao/gaoqqz0001 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: MCI Diagnostic Center, LLC File: B-422553.2 Date: August 9, 2024 Amy C. Hoang, Esq., Erica L. Bakies, Esq., and Sarah E. Barney, Esq., Seyfarth Shaw LLP, for the protester. Brian R. Reed, Esq., Department of Veterans Affairs, for the agency. Kenneth Kilgour, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that the solicitation relied on inaccurate historical data for testing quantity and type that would result in a misleading price evaluation is dismissed where the agency's planned corrective action renders that allegation moot. 2. Protest that the solicitation's tiered evaluation scheme is improper is denied where, even if the terms are improper, the record does not support a finding that the protester suffered competitive prejudice. DECISION MCI Diagnostic Center, LLC, a service-disabled veteran-owned small business (SDVOSB) of Richardson, Texas, protests the terms of request for proposals (RFP) No. 36C24424R0004, issued by the Department of Veterans Affairs (VA) for Veterans Integrated Service Network (VISN) 04 reference laboratory testing services. MCI asserts that the VA's use of a tiered evaluation scheme violates the Competition in Contracting Act of 1984 (CICA). We dismiss the protest in part and deny it in part. BACKGROUND The solicitation contemplates the award of a single fixed-price indefinite-delivery, indefinite-quantity contract with a 5-year ordering period. Agency Report (AR), Tab 2, RFP at 1. Award will be made to the offeror whose proposal represents the best value to the agency, considering three factors: technical approach, past performance, and

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