HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.gao/gaobadrdb0001 and id is 1 raw text is:
G A O Comptroller General
Accountability * Integrity * Reliability of the United States
United States Government Accountability Office
Washington, DC 20548
Decision
Matter of: Steriliz, LLC
File: B-410988.2
Date: May 12, 2015
Angelo Mancuso, Steriliz LLC, for the protester.
Edith M. Bowman, Esq., Department of Veterans Affairs, for the agency.
Stephanie B. Magnell, Esq., and Jonathan L. Kang, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest is denied where the agency's sole-source award to a Federal Supply
Schedule contractor had a rational basis, and protester fails to allege that its
product satisfies the agency's requirements.
DECISION
Steriliz, LLC, of Rochester, New York, protests the decision of the Department of
Veterans Affairs (VA) to award a sole-source contract to fulfill its requirement for a
mercury-free, ultra-violet (UV) medical disinfecting system to Xenex Disinfection
Services, LLC. Protest at 1. We deny the protest.
BACKGROUND
In April 2002, the Veterans Health Administration (VHA) issued VHA Directive 2002-
018, Management of Mercury in Veterans Health Administration Facilities, in which
the VA directed its medical facilities to [r]educe[ ] the number of Hg [mercury]
containing products as necessary where suitable substitutes are available ... with
the ultimate goal of achieving a virtually Hg-free environment. Agency Report
(AR), Tab 7, VHA Directive 2002-018, at 2. VA medical facilities were also directed
to [i]mplement[ ] Hg reduction into all phases of the acquisition and procurement
process as well as the operation of the facility management program. Id. at 3. The
directive expired on March 31, 2007. Id. at 4.
In October 2011, the Milwaukee, Wisconsin, VA Medical Center, noting the hazards
of short- and long-term exposure to mercury vapor (e.q., vomiting, diarrhea,
memory loss, tremors), established a policy stating that:](ViewImageLocal?handle=hein.gao/gaobadrdb0001&div=1&collection=&method=preview&ext=.png&size=3)