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B-408981.4 1 (2014-03-05)

handle is hein.gao/gaobadqdn0001 and id is 1 raw text is: 




        G     A    O                                                  Comptroller General
      Accountabilty * Integrity * Reliability                          of the United States
U n ited  S tates  G ove rnm e nt  A cco u nta b ility  O ff ice  -------------------------------------------------------------------------------------------------------------------------
Washington, DC 20548                                 DOCUMENT FOR PUBLIC RELEASE
                                                   The decision issued on the date below was subject to
                                                   a GAO Protective Order. This redacted version has
                                                   Ibeen approved for public release.
         D  e c is io  n                          .......................................................................................................................


         Matter of: ARKRAY USA, Inc.

         File:        B-408981.4

         Date:       March 5, 2014

         Jonathan A. DeMella, Esq., and Scott Skinner-Thompson, Esq., Dorsey & Whitney
         LLP, for the protester.
         Donna Lee Yesner, Esq., and Stephen E. Ruscus, Esq., Morgan, Lewis & Bockius
         LLP, for Abbott Diabetes Care Sales Corporation, the intervenor.
         David S. Hurt, Esq., Jennifer Hesch, Esq., and David Smith, Esq., Department of
         Defense, and Maura C. Brown, Esq., Department of Veterans Affairs, for the
         agencies.
         Pedro E. Briones, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         Protest of the establishment of a blanket purchase agreement by the Department
         of Defense for self-monitoring blood glucose test strips for the TRICARE uniform
         formulary is dismissed as untimely, where the solicitation is patently ambiguous
         with respect to whether the awardee's glucometer must be on the vendor's Federal
         Supply Schedule contract and the protester did not protest the ambiguity prior to the
         time set for receipt of quotations.
         DECISION

         ARKRAY USA, Inc., of Edina, Minnesota, protests the Department of Defense's
         (DOD) establishment of a blanket purchase agreement (BPA) with Abbott Diabetes
         Care Sales Corporation, of Alameda, California, for self-monitoring blood glucose
         system test strips for inclusion on the TRICARE uniform formulary.' ARKRAY
         contends that Abbott's blood glucose meters--which the vendor must provide to

         1 TRICARE, which is managed by the Defense Health Agency, is a comprehensive
         managed healthcare program for active duty personnel, National Guard and
         Reserve servicemembers, and retirees, as well as their dependents and/or
         survivors. 32 C.F.R. § 199.17 (2013); www.tricare.mil/tma.

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