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B-291584 1 (2003-01-23)

handle is hein.gao/gaobacyet0001 and id is 1 raw text is: I G A 0Comptroller General A- Accountability * Integrity * Reliability of the 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: Aventis Pasteur File: B-291584 Date: January 23, 2003 Frank M. Rapoport, Esq., and Thomas F. Burke, Esq., McKenna Long & Aldridge, for the protester. Jonathan A. Baker, Esq., and Michael Colvin, Department of Health and Human Services, for the agency. Linda S. Lebowitz, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is denied where it is clear from the record that the protester was not misled during discussions concerning the criticality of an offeror's proposed approach to satisfy the solicitation's milestone requirements. DECISION Aventis Pasteur protests the rejection of its proposal under request for proposals (RFP) No. NIH-NIAID-DMID-02-26, issued by the Department of Health and Human Services for the development and testing of anthrax vaccines. Aventis challenges the agency's conduct of discussions with the firm. We deny the protest. The RFP, issued on April 22, 2002, explained that there was an urgent need to devise appropriate and effective measures to protect the general population from the harmful effects of anthrax spores used as instruments of terror. The RFP provided that in view of the events since September 11, 2001, there was sufficient justification to warrant the rapid development, testing, and licensure of a vaccine to cover pre-exposure and post-exposure to anthrax, preferably in a single dose. Accordingly, the RFP stated that this procurement to develop, manufacture, characterize, and evaluate a pilot lot of B. anthracis recombinant protective antigen (rPA) vaccine would be milestone-driven. RFP Statement of Work.

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