Corps Medical Supply, LLC (36C10G24Q0092)

B-422516.2 Sep 23, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights 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. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision 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 related equipment and accessories.[1] AR, Tab 2, Contracting Officer’s Statement (COS) at 3; RFQ at 3.[2] The agency conducted the procurement using the procedures of Federal Acquisition Regulation (FAR) subparts 12.6 and 16.5 and anticipated an ordering period for one 12‑month base year with four 12-month options. RFQ at 2-3. The RFQ provided for award to the responsible vendor that provided the best value to the government, considering technical capability and price. AR, Tab 7, RFQ amend. 2 at 2. Relevant here, the solicitation listed six salient characteristics that vendors were required to meet to be considered “equal” to the listed brand name item. RFQ at 6-7. Vendors were free to quote any solution or configuration, so long as the quotation met the salient characteristics. Id. at 7. On April 10, 2024, prior to the deadline for receipt of quotations, Corps Medical filed a protest with our Office challenging the terms of the solicitation. Corps Medical argued the solicitation, as issued, would result in a de facto sole-source award, and that specific terms of the solicitation were ambiguous and unduly restrictive of competition. Protest at 4-6. The agency filed its report responding to the protest on May 10, in which the VA defended its market research and the terms of the solicitation. See AR, Tab 1, Memorandum of Law (MOL). On May 20, Corps Medical submitted comments responding to the agency report. On June 11, the agency informed our Office that it intended to take corrective action. The VA explained it had found an error within the language of salient characteristic (SC) No. 2, which, according to the agency, was unrelated to Corps Medical’s protest grounds. Notice of Corrective Action at 1. The agency advised that it would amend the RFQ to address that error “and address Protester’s allegations in this same amendment.” Id. Specifically, the VA stated that it would clarify terms that the protester alleged were ambiguous. Id. Accordingly, we dismissed the protest as academic on June 17. Corps Med. Supply, LLC, B‑422516, June 17, 2024 (unpublished decision). Thereafter, Corps Medical filed this request for our recommendation that it be reimbursed its protest costs. DISCUSSION Corps Medical seeks a recommendation that it be reimbursed its reasonable costs of filing and pursuing its protest. Corps Medical contends that reimbursement is warranted because its protest included clearly meritorious grounds, and because the agency’s corrective action, which was taken after the agency filed its report, was unduly delayed. Req.