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![handle is hein.gao/gaobadtwg0001 and id is 1 raw text is:
GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W. Comptroller General
Washington, DC 20548 of the United States
.......................................................................................................................
DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to
Decision a GAO Protective Order. This redacted version has
been approved for public release.
Matter of: Draeger, Inc.
File: B-414938
Date: September 21, 2017
Hilary S. Cairnie, Esq., Pepper Hamilton LLP, for the protester.
Jared P. Weissberger, Esq., Defense Logistics Agency, for the agency.
Pedro E. Briones, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST
Protest that a purchase order for medical equipment exceeds the scope of the
awardee's underlying indefinite-delivery, indefinite-quantity (IDIQ) contract is dismissed
as untimely where the record shows that the protester knew, prior to submitting its
proposal, that the agency considered such medical equipment to be within the scope of
the solicitation and the protester has received orders for the same type of equipment
under its own IDIQ contract.
DECISION
Draeger, Inc., of Telford, Pennsylvania, protests purchase order No. SPM2D1-09-D-
8348, issued by the Department of Defense, Defense Logistics Agency (DLA), to
Datex-Ohmeda Inc. dba GE Healthcare (GE), of Madison, Wisconsin, for anesthesia
machines. Draeger contends that the order exceeds the scope of GE's underlying
indefinite-delivery, indefinite-quantity (IDIQ) contract and that GE's anesthesia
machines do not meet the required technical specifications.
We dismiss the protest.
BACKGROUND
On March 15, 2007, DLA issued request for proposals (RFP) No. SP0200-06-R-8014
to award multiple IDIQ contracts for various categories of patient monitoring systems,
including anesthesia monitoring systems. Req. for Dismissal (RFD) at 1; Tab 2, RFP,
at 1, 7. The RFP's statement of work (SOW) also stated that the medical equipment to
be purchased includes, but is not limited to ... anesthesia apparatus[,] among 21
other types of listed equipment. RFP, SOW, at 171-72. The RFP provided for an open
season before the end of each contract term during which DLA would consider](ViewImageLocal?handle=hein.gao/gaobadtwg0001&div=1&collection=&method=preview&ext=.png&size=3)