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B-419069 1 (2020-10-29)

handle is hein.gao/gaobaebxm0001 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: Shertech Pharmacy File: B-419069 Date: October 29, 2020 Karen S. Sheriff, for the protester. Tyler W. Brown, Esq., Department of Veterans Affairs, for the agency. Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging solicitation's requirement that contractor have a facility within a 50- mile radius of the agency's facility is denied where agency demonstrates that its requirement is reasonably necessary to meet its needs. DECISION Shertech Pharmacy, of Kernersville, North Carolina, protests the terms of request for quotations (RFQ) No. 36C2462000897, issued by the Department of Veterans Affairs (VA) for the provision of radiopharmaceutical products to the VA Medical Center in Durham, North Carolina. Shertech argues that the RFQ's requirement that the successful contractor be located within a 50-mile radius of the VA's facility is unduly restrictive of competition.1 We deny the protest. The RFQ calls for the provision of radiopharmaceutical products, which are nuclear medicine products used principally in certain diagnostic procedures. The RFQ specifies that certain products be delivered on a routine basis, while requiring the delivery of other products on an as-needed basis. Shertech's protest concerns the delivery of the as-needed products. The RFQ requires these products to be delivered within 1-2 hours 1 In its initial protest, Shertech also objected to a requirement in the RFQ to provide certain name-brand products. In response to that allegation, the agency agreed to delete the requirement to provide the identified brand-name products from the RFQ. Shertech agreed that this aspect of its protest had been adequately addressed.

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