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B-286167 1 (2000-12-04)

handle is hein.gao/gaocrptalfk0001 and id is 1 raw text is: 4 . G A 0 Comptroller General Accountability * Integrity * Reliability United States United States General Accounting 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 approved for public release. Decision Matter of: No vavax hie. File: B-286167; B-286167.2 Date: December 4, 2000 Frank M. Rapoport, Esq., Alison L. Doyle, Esq., Dana B. Pashkoff, Esq., and David Kasanow, Esq., McKenna & Cuneo, for the protester. Michael J. Lacek, Esq., and Anne Robbins, Esq., Palmer & Dodge, for OraVax, Inc., an intervenor. Elise Harris, Esq., and Scott C. Briles, Esq., Centers for Disease Control and Prevention, for the agency. Tania Calhoun, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protests that contracting agency improperly interpreted and applied the solicitation's indemnification/insurance requirement as to the protester's and awardee's proposals, and improperly eliminated the protester's proposal from the competitive range, are denied where the record shows that the agency's interpretation of the requirement was reasonable and that its evaluation of both proposals and its competitive range determination were reasonable and consistent with the solicitation's requirements. DECISION Novavax Inc. protests its proposals exclusion from the competitive range and the award of a contract to OraVax, Inc., under request for proposals (RFP) No. 2000-N- 00001, issued by the Department of Health and Human Services (HHS), Centers for Disease Control and Prevention (CDC), for the development and stockpiling of a smallpox vaccine. Novavax contends that the CDC improperly interpreted and applied the so licitatio n's indemnification/insurance requirement as to both pro po sals and improperly eliminated its proposal from the competitive range. We deny the protests.

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