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B-405319 1 (2011-10-18)

handle is hein.gao/gaobadokb0001 and id is 1 raw text is: 




         G    A     0                                                 Comptroller General
      Accountability - Integrity * Reliability                         of the United States
United States Government Accountability Office     DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548
                                                     The decision issued on the date below was subject to a
                                                     GAO Protective Order. This redacted version has been

         Decision                                    approved for public releas e.


         Matter of. Henry Schein, Inc.

         File:        B-405319

         Date:        October 18, 2011

         David R. Johnson, Esq., Amanda J. Dietrick, Esq., Jenny J. Yang, Esq., Erin N.
         Rankin, Esq., Vinson & Elkins LLP, and Bruce E. Fader, Esq., Proskauer Rose LLP,
         for the protester.
         Anne B. Perry, Esq., John W. Chierichella, Esq., Ryan E. Roberts, Esq., and Alexander
         W. Major, Esq., Sheppard Mullin Richter & Hampton LLP, for the intervenor.
         Elise Harris, Esq., Department of Health and Human Services, for the agency.
         Cherie J. Owen, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         Protest challenging a contracting agency's evaluation of protester's proposal and
         exclusion of that proposal from the competitive range is denied where the agency's
         evaluation and competitive range determination were reasonable and in accordance
         with the solicitation evaluation criteria.
         DECISION

         Henry Schein, Inc., of Melville, New York, protests the rejection of its proposal under
         request for proposals (RFP) No. 2011-N-13279, issued by the Department of Health
         and Human Services, Centers for Disease Control and Prevention (CDC) for vaccine
         storage and distribution.

         We deny the protest.

         BACKGROUND

         The RFP, issued under the commercial acquisition procedures of Federal Acquisition
         Regulation (FAR) Part 12, sought proposals to provide centralized receipt, storage,
         and distribution of all vaccines purchased by the CDC and state agencies under the

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