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B-283939 1 (2000-01-27)

handle is hein.gao/gaocrptakyw0001 and id is 1 raw text is: -e GeAtOa __Comptroller General of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: SmithKline Beecham Corporation File: B-283939 Date: January 27, 2000 John E. Daniel, Esq., Morgan, Lewis & Bockius, for the protester. Thomas L. McGovern III, Esq., and Joy E. Sturm, Esq., Hogan & Hartson, for Glaxo Wellcome Inc.; and David C. Hammond, Esq., Powell, Goldstein, Frazer & Murphy, for Hoechst Marion Roussel, the intervenors. Barbara J. Stuetzer, Esq., and Phillipa L. Anderson, Esq., Department of Veterans Affairs, for the agency. Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester's challenge to the price evaluation scheme included in a solicitation for prescription drugs that anticipates evaluation of a per-dose price based on the only use for which all three of the competing drugs are approved by the Food and Drug Administration is denied, even though the evaluation does not consider certain uses of the solicited drugs that will have a different cost profile, where the per-dose price requested provides a common basis for evaluating prices, the agency has no basis for providing estimates for the other uses of these drugs, and the protester has not established that the solicitation's approach will produce a materially misleading result. DECISION SmithKline Beecham Corporation (SKB) protests the terms of request for proposals (RFP) No. RFP-797-NC-99-0020, issued by the Department of Veterans Affairs (VA) for 5-Hydroxtryptamine (5HT3) receptor antagonists, used for the treatment of nausea and vomiting (emesis) resulting from chemotherapy. SKB argues that the RFP's price evaluation methodology will not identify the proposal that will provide the actual lowest price to the government. We deny the protest.

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