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B-400776 1 (2009-01-21)

handle is hein.gao/gaobadbdr0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability 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: Panacea Biotec, Inc. File: B-400776 Date: January 21, 2009 Daniel S. Koch, Esq., and David P. Shapiro, Esq., Paley Rothman Goldstein Rosenberg Eig & Cooper, for the protester. Michael I. Goulding, Esq., Department of Health and Human Services, for the agency. Peter D. Verchinski, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency reasonably excluded the protester's proposal from the competitive range, where the agency reasonably determined that the protester's proposal contained major and significant weaknesses and deficiencies, such that the proposal was found to be unacceptable, would require major revisions to be made acceptable, and was significantly lower rated than the proposals included in the competitive range. DECISION Panacea Biotec, Inc. of Boyds, Maryland,' protests the exclusion of its proposal from the competitive range under request for proposals (RFP) No. RFP-BARDA-08-15, issued by the Department of Health and Human Services (HHS), Biomedical Advanced Research and Development Authority, for 25 million doses of recombinant protective antigen (rPA) anthrax vaccine. We deny the protest. Following the deliberate exposure of individuals in the United States to bacillus anthracis (anthrax) in 2001, the federal government decided to procure and stockpile safe and efficient anthrax vaccines. RFP at 3. The RFP was issued in support of this decision, seeking offers to provide personnel, facilities, material, equipment and 'Panacea Biotec, Inc., which is incorporated in Delaware, is a subsidiary of Panacea Biotec, Ltd., which is headquartered in New Delhi, India. Protest at 2; Agency Report (AR), Tab 6, Panacea Proposal Transmittal Letter to HHS, July 24, 2008, at 1.

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