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B-271845 1 (1996-08-23)

handle is hein.gao/gaocrptaegn0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: SmithKline Beechman Pharmaceuticals File: B-271845 Date: August 23, 1996 Robert H. Koehler, Esq., and Michael J. Schaengold, Esq., Patton Boggs, for the protester. Barbara Robbins, Esq., Department of Health and Human Services, for the agency. Glenn G. Wolcott, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Where statute concerning vaccine procurements states that the agency shall, as appropriate award multiple contracts, and further provides that the agency may decline to enter into such contracts, the plain language of the statute affords the agency discretionary authority to refrain from making multiple contract awards in appropriate circumstances. DECISION SmithKline Beechman Pharmaceuticals protests the provisions of request for proposals (RFP) No. 96-51(N), issued by the Department of Health and Human Services (HHS), Centers for Disease Control and Prevention (CDC), for quantities of hepatitis B high risk/adolescent vaccine. SmithKline objects that the solicitation provision advising that only a single award will be made is improper, and argues that the agency is statutorily required to award a contract to every qualified offeror regardless of price.' We deny the protest. 'Initially, SmithKline also challenged a provision of the solicitation regarding the type of packaging that was required. In response to this issue, the agency amended the solicitation in a manner which, as SmithKline agrees, renders that issue moot. 520823

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