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B-417854 1 (2019-11-15)

handle is hein.gao/gaobaeafj0001 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 Decision Matter of: Becton, Dickinson and Company File: B-417854 Date: November 15, 2019 William A. Shook, Esq., The Law Offices of William A. Shook PLLC, for the protester. Deborah K. Morrell, Esq., Department of Veterans Affairs, for the agency. Sarah T. Zaffina, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging solicitation terms that apply Buy American Act requirements to quotations from small businesses instead of applying Trade Agreements Act (TAA) requirements, when the Small Business Administration has issued a waiver of the nonmanufacturer rule for the solicitation, is dismissed because acquisitions set aside for small businesses are excepted from the TAA. DECISION Becton, Dickinson and Company (BD) of Franklin Lakes, New Jersey, protests the terms of request for quotations (RFQ) No. 36C24C1 9Q0037, issued by the Department of Veterans Affairs (VA), to establish blanket purchase agreements (BPAs) for the procurement of medical supplies. The protester alleges that the solicitation improperly applies the Buy American Act (BAA), 41 U.S.C. §§ 8301-8305, instead of the Trade Agreements Act of 1979 (TAA), 19 U.S.C. §§ 2501-2582, to quotations from small business concerns (SBCs). We dismiss the protest. BACKGROUND The VA issued the RFQ on June 25, 2019. The solicitation seeks quotations to establish BPAs in support of the VA's Medical Surgical/Prime Vendor 2.0 Program to supply patient exam room instruments and supplies. Agency Report (AR), Tab 3, RFQ, at 5. The BPAs will be the mechanism to provide medical/surgical supplies to Veterans Health Administration facilities nationwide; facilities will order from the product list that

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