About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-190870 1 (1978-04-24)

handle is hein.gao/gaobadfyt0001 and id is 1 raw text is: STHE COMPTROLLER ENfRAL CECISION . .zHE. P THE UNtTED STATUS WAUHINGTON. D.C. OUg4g FILE: B-l11870 DATE; April 24, 1978 1-MATTER OF: Bethesda Research LabcratAies, Inc. DIGEST: Even if there was no authority to nogotiate procurement and to solicit oral offers, resolicitation is not required since competition was obtained and there was no prejudice to protestsr's competitive position. Bethesda Reseatch Laboratories, Inc. (BRL), has protested that it was improper for the Veterans Admin- istration (VA) to neJotiate under the authority of 41 U.S.C. 5 252(c)(7) (1970), pertaining to medicines or medical property, and to solicit oral offers to procure five different ultra pure reagents for the National institutes of Health (NIH). NIH requested that the reagents be purchased from a firm whose products had been tested and approved by NIB. There were only two firms which had prequali- fied their product, BRL and Schwarz/Mann, Division of Becton Dickinson Immunodiagnostics. Essentially, it is BRL's position that the cited negotiation authority does not apply because the pro- curement is for chemIcals, not medicines or medical property, and there was no urgency justifying the solicitation of oral offers. Therefore, BRL requests that the procurement be resolicited with the require- ment that sealed written bids be submi-ted. VA's position is that the procurement should not be resolicited because its regulations (41 C.F.R. S 8-3.207(b)(4) (1977)) implementing the negotiation authority contemplate contracts for the purchase of drugs and chemicals (emphasis supplied) and there was an urgency justifying the oral solicitation. I

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most