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B-418934 1 (2020-10-19)

handle is hein.gao/gaobaecaf0001 and id is 1 raw text is: G A O 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: Red Heritage Medical, Inc. File: B-418934 Date: October 19, 2020 Jonathan Perrone, Esq., Whitcomb Selinsky, P.C., for the protester. Seeta Rebbapragada, Esq., Department of Health and Human Services, for the agency. Stephanie B. Magnell, Esq., and Evan C. Williams, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is dismissed where the challenge to the solicitation's terms is untimely and the remainder of the protest lacks a sufficient factual basis for its argument. DECISION Red Heritage Medical, Inc., a small business of Knoxville, Tennessee, protests the terms of request for quotations (RFQ) No. IHS1407616, which was issued by the Department of Health and Human Services, Indian Health Service, for brand name or equal ankle fracture podiatry surgical instruments for the Northern Navajo Medical Center. The protester also challenges the agency's award to Arthrex, Inc., a small business of Naples, Florida, on the basis that the agency may have conducted unequal discussions. We dismiss the protest. BACKGROUND On June 22, 2020, the agency issued the RFQ as a combined synopsis/solicitation for brand name or equal ankle fracture podiatry surgical instruments. RFQ at 2.1 The solicitation was issued as a request for quotations pursuant to Federal Acquisition Regulation parts 12 and 13. Id. at 3. Attached to the RFQ was a fee schedule, which listed item serial numbers and descriptions of the products to be purchased by the agency, including an item identified as AR-89435. AR, Tab 2, RFQ attach. 1, fee 1 Citations to the RFQ are to the document at tab 1 of the agency report (AR).

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