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B-422516.2 Sep 23, 2024 1 (2024-09-23)

handle is hein.gao/gaoqxd0001 and id is 1 raw text is: G- AOU.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: Corps Medical Supply, LLC
File:     B-422516.2
Date:     September 23, 2024
William A. Shook, Esq., The Law Offices of William A. Shook PLLC, for the requester.
Shawn Larson, Esq., and Laura B. Reass, Esq., Department of Veterans Affairs, for the
agency.
Emily R. O'Hara, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST
1. Request for recommendation that protest costs be reimbursed is denied where the
allegation that the solicitation terms created a de facto sole-source procurement is not
clearly meritorious and is severable from the clearly meritorious challenge.
2. Request for recommendation that protest costs be reimbursed is granted where the
agency unduly delayed taking corrective action in response to a clearly meritorious
allegation that a solicitation term was ambiguous.
DECISION
Corps Medical Supply, LLC, of Janesville, Wisconsin, requests that we recommend the
reimbursement of costs it incurred in filing and pursuing its protest challenging the terms
of the solicitation, under request for quotations (RFQ) No. 36C10G24Q0092, issued by
the Department of Veterans Affairs (VA), for binocular indirect ophthalmoscope
equipment and accessories. Corps Medical argues that its protest was clearly
meritorious and that the agency unduly delayed taking corrective action.
We grant the request in part and deny it in part.
BACKGROUND
The agency issued the RFQ on March 20, 2024, seeking award of a single
requirements contract to provide Keeler (or equal) binocular indirect ophthalmoscope

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