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B-406305 1 (2012-04-06)

handle is hein.gao/gaobadosm0001 and id is 1 raw text is: 




          G    A    O0                                                  Comptroller General
Accountability * Integrity * Reliability                                of the United States
  United States Government Accountability Office
  Washington, DC 20548



           Decision


           Matter of:  DMS Pharmaceutical Group, Inc.

           File:       B-406305

           Date:       April 6, 2012

           Christina L. Anderson for the protester.
           Vanessa L. Calabrese, Esq., and Maura C. Brown, Esq., Department of Veterans
           Affairs, for the agency.
           Charles W. Morrow, Esq., and James A. Spangenberg, Esq., Office of the General
           Counsel, GAO, participated in the preparation of the decision.
           DIGEST

           Protest by small business against the rejection of its proposal and the consequent
           withdrawal of a small business set-aside under a solicitation with a cascading
           evaluation feature, which contemplated the withdrawal of the set aside if the agency
           received less than two acceptable small business responses, is denied, where the
           agency received only two small business proposals and the protester's proposal
           was reasonably evaluated and found technically unacceptable.
           DECISION

           DMS Pharmaceutical Group, Inc., of Park Ridge, Illinois, protests the Department of
           Veterans Affairs (VA) rejection of its proposal and the withdrawal of a small
           business set-aside line item under request for proposals (RFP) No. VA-797-1 1 -RP-
           0069, for the distribution of pharmaceutical products.

           We deny the protest.

           The RFP, issued on May 5, 2011 under the commercial item acquisition procedures
           of Federal Acquisition Regulation (FAR) Part 12, sought to award multiple
           fixed-price requirements contracts to distribute pharmaceutical products under the
           VA's pharmaceutical prime vendor (PPV) program' to VA medical facilities within


           1 According to the RFP, a PPV is a business concern that provides a broad range of
           pharmaceutical products to VA facilities within a specific geographic region and is
                                                                             (continued...)

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