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B-409975 1 (2014-09-30)

handle is hein.gao/gaobadqpx0001 and id is 1 raw text is: 




          G    A    O                                                 Comptroller General
r       Accountablity * Integrity * Reliability                        of the United States
  United States Government Accountability Office
  Washington, DC 20548



          Decision


          Matter of: Encompass Group, LLC

          File:        B-409975

          Date:     September 30, 2014

          H. K. Tyler Jr., Encompass Group, LLC, for the protester.
          Bridget E. Grant, Esq., Department of Veterans Affairs, for the agency.
          Charles W. Morrow, Esq., and Jonathan L. Kang, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Protest challenging the agency's decision to use the Federal Supply Schedule
          (FSS) program to meet its requirement for operating room towels is denied where
          the record shows the agency complied with the applicable Federal Acquisition
          Regulation provisions concerning competition and market research.
          DECISION

          Encompass Group, LLC, of Chicago, Illinois, protests the terms of request for
          quotations (RFQ) No. VA1 19-14-Q-0077, issued by the Department of Veterans
          Affairs (VA) to vendors under either the General Services Administration Federal
          Supply Schedule (FSS), or the VA FSS, 1 for operating room (OR) towels.
          Encompass contends that the VA unreasonably limited the competition to FSS
          vendors because: (1) the required items are not available on the FSS; (2) the
          agency did not consider whether products that comply with the Trade Agreements
          Act are available under the FSS; and (3) the solicitation does not address Food and
          Drug Administration regulations that the protester contends applies to the OR
          towels.


          1 The FSS provisions of Federal Acquisition Regulation (FAR) subpart 8.4 state that
          both GSA and the VA (through a delegation of authority by GSA) may direct and
          manage multiple award schedules. FAR §§ 8.401, 8.402(a). References to the
          FSS herein are to both the GSA and VA schedule programs, unless otherwise
          noted.

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