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B-291822 1 (2003-04-07)

handle is hein.gao/gaobacygt0001 and id is 1 raw text is: 


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         G    A    0Comptroller General
 -   -Accountability * Integrity * Reliability                     of the United States
United States General Accounting Office
Washington, DC 20548



         Decision


         Matter  of: GlaxoSmithKline

         File:       B-291822

         Date:       April 7, 2003

         Frank M. Rapoport, Esq., Alison L. Doyle, Esq., and David M. Glynn, Esq., McKenna
         Long & Aldridge, for the protester.
         Maura C. Brown, Esq., Department of Veterans Affairs, for the agency.
         Charles W. Morrow, Esq., and James A. Spangenberg, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Agency's decision to procure a drug for the treatment of migraine headaches from
         among  four similar drugs solely on the basis of price is reasonable where after a
         detailed medical review the agency determined that any of these drugs would meet
         the agency's needs.
         DECISION

         GlaxoSmithKline protests the terms of request for proposals (RFP) No. 797-NC-03-
         0001, issued by the Department of Veterans Affairs (VA), for a triptan, a drug used in
         the treatment of migraine headaches. Glaxo objects to the RFP terms providing for
         the award of a contract for a single triptan to be designated on the VA's National
         Formulary.'

         We  deny the protest.


         'A formulary is a list of prescription drugs, grouped by therapeutic class, which a
         health care organization prefers that its physicians prescribe. Drugs are chosen for a
         formulary on the basis of their medical value and price. The formulary system seeks
         to standardize drug use, ensure availability and consistency of the product for
         nationwide usage, increase the continuity of care, standardize the process for
         evaluating the safety and efficacy of drugs, and manage cost growth. See Agency
         Report at 1; Schering Corp., B-286329.3, B-286329.4, Feb. 2, 2001, 2001 CPD ¶ 19
         at 2 n.2.

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