The VISN Group, LLC (36C26122Q0513)
Case: B-420916.3
Agency: Department of Veterans Affairs : Department of Veterans Affairs
Protester: The VISN Group, LLC
Date: 2022-11-23
Denied
B-420916.3
Nov 23, 2022
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Highlights
The VISN Group, LLC, a small business of Jacksonville, Florida, requests reconsideration of our decision in The VISN Group, LLC--Costs, B-420916.2, Oct. 20, 2022 (unpublished decision), in which we dismissed its request that our Office recommend that the Department of Veterans Affairs (VA) reimburse the firm the reasonable costs of filing and pursuing its protest (The VISN Group, LLC, B-420916) with respect to request for quotations (RFQ) No. 36C26122Q0513. The protester contends that our Office erred in dismissing its request for a recommendation the agency reimburse the firm its reasonable costs for pursuing its underlying protest on the basis that the agency had not unduly delayed taking corrective action in response to the underlying protest. See Req. for Recon. at 1-4.
We deny the request for reconsideration.
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Decision
Matter of: The VISN Group, LLC--Reconsideration
File: B-420916.3
Date: November 23, 2022
Joey Grismore, for the protester.
Kathleen Ramos, Esq., Department of Veterans Affairs, for the agency.
Nathaniel S. Canfield, Esq., and Evan D. Wesser, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Request for reconsideration of prior decision dismissing a request that GAO recommend reimbursement of the protester’s reasonable protest costs is denied where the requesting party has not shown that our decision contains either errors of fact or law or information not previously considered that warrants reversal or modification of the decision.
DECISION
The VISN Group, LLC, a small business of Jacksonville, Florida, requests reconsideration of our decision in The VISN Group, LLC--Costs, B‑420916.2, Oct. 20, 2022 (unpublished decision), in which we dismissed its request that our Office recommend that the Department of Veterans Affairs (VA) reimburse the firm the reasonable costs of filing and pursuing its protest (The VISN Group, LLC, B-420916) with respect to request for quotations (RFQ) No. 36C26122Q0513. The protester contends that our Office erred in dismissing its request for a recommendation the agency reimburse the firm its reasonable costs for pursuing its underlying protest on the basis that the agency had not unduly delayed taking corrective action in response to the underlying protest. See Req. for Recon. at 1‑4.
We deny the request for reconsideration.
BACKGROUND
On July 27, 2022, the protester filed a protest with our Office challenging the VA’s award of a contract under the RFQ to Spearpoint Logistics LLC, of Newark, Delaware, for quality assurance specialist services for the VA Palo Alto Health Care System. See The VISN Group, LLC, B‑420916, Aug. 17, 2022 (unpublished decision). The protester contended that the agency’s selection decision deviated from the best‑value selection methodology stated in the RFQ or alternatively, that the RFQ contained a latent ambiguity regarding the agency’s actual requirements. See id.
On August 3, 2022, seven days after the protest was filed, the agency advised that it intended to take corrective action in response to the protest. See id. Specifically, the agency stated that it would reevaluate the quotations submitted in response to the RFQ and make a new award decision. See id. As the agency’s corrective action rendered the protest academic, we dismissed the protest on August 17. See id.
Thereafter, on August 18, the protester requested that our Office recommend that the agency reimburse the protester its costs of filing and pursuing its protest. See The VISN Group, LLC--Costs, B‑420916.2, Oct. 20, 2022 (unpublished decision). On October 20, we dismissed the request because the agency had taken corrective action prior to the due date for the agency report, and therefore did not unduly delay taking corrective action. See id.
On October 26, the protester filed this request for reconsideration of our decision dismissing its request for a recommendation of reimbursement of costs.
DISCUSSION
To obtain reconsideration, our Bid Protest Regulations require that the requesting party set out the factual and legal grounds upon which reversal or modification of the decision is deemed warranted, specifying any errors of law made or information not previously considered. 4 C.F.R. § 21.14(a). The repetition of arguments made during our consideration of the original protest and disagreement with our decision do not meet this standard. 4 C.F.R. § 21.14(c); Epsilon Sys. Solutions, Inc., B‑414410.3, Sept. 20, 2017, 2017 CPD ¶ 292 at 3.
Here, the protester’s request does not demonstrate that our decision contains an error of fact or law, and does not present new information warranting reversal or modification.
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