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B-402996 1 (2010-09-08)

handle is hein.gao/gaobadblr0001 and id is 1 raw text is: Ii .L A GA O Comptroller General f. A Accountabity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Affirmative Solutions, LLC File: B-402996 Date: September 8, 2010 David S. Black, Esq., and Gregory R. Hallmark, Esq., Holland & Knight LLP, for the protester. Melbourne A. Noel, Jr., Esq., Vanessa Calabrese, Esq., and Phillipa L. Anderson, Esq., Department of Veterans Affairs; and Thedlus L. Thompson, Esq., Michael D. Tully, Esq., and Nathan C. Guerrero, Esq., General Services Administration, for the agencies. Katherine I. Riback, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency request for manufacturer's commercial sales practice data from an offeror, which is an exclusive distributor/wholesaler for the manufacturer, to assist the contracting officer in making a price reasonableness determination as a prerequisite to making award of a Federal Supply Schedule contract for medical items, was proper where the offeror's sales to the general public were reasonably considered to be not significant. DECISION Affirmative Solutions, LLC of Atlanta, Georgia, protests the evaluation of its offer submitted in response to request for proposals (RFP) No. RFP-797-FSS-99-0025-R6, issued by the Department of Veterans Affairs (VA) for multiple-award Federal Supply Schedule (FSS) contracts to provide medical equipment and supplies. We deny the protest. BACKGROUND The General Services Administration (GSA) is normally responsible for FSS procurements, but it has delegated to the VA the authority for the procurement of items that come within FSS Group 65-II, Medical Equipment and Supplies, such as those being procured here. In this instance, the VA has issued a standing RFP, which

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