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B-418089.2,B-418089.3 1 (2020-12-10)

handle is hein.gao/gaobaecft0001 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. The entire decision has
                                           been approved for public release.


Matter of:   Draeger, Inc.

File:     B-418089.2; B-418089.3

Date:     December 10, 2020

Hilary S. Cairnie, Esq., and Martha Guarnieri, Esq., Troutman Pepper Hamilton Sanders
LLP, for the protester.
Jared M. Levin, Esq., Department of Veterans Affairs, for the agency.
April Y. Shields, Esq., John Sorrenti, Esq., and Christina Sklarew, Esq., Office of the
General Counsel, GAO,  participated in the preparation of the decision.
DIGEST

Protest of agency's decision to cancel solicitation as part of corrective action taken in
response to an earlier protest is denied where the agency demonstrates a reasonable
basis for its decision to cancel and reassess its requirements.
DECISION

Draeger, Inc., of Telford, Pennsylvania, protests the corrective action taken by the
Department  of Veterans Affairs (VA) in response to Draeger's earlier protest challenging
the award of a contract to another vendor under request for quotations (RFQ)
No. 36C25919Q0613   for anesthesia integrated workstations. The protester contends
that the agency's corrective action--specifically, its decision to cancel the RFQ and
reassess its requirements--lacks a reasonable basis and is pretextual.

We  deny the protest.

BACKGROUND

The RFQ,  issued on September 11, 2019 and amended  twice, contemplated the award
of a fixed-price contract for six anesthesia integrated workstations for the VA Medical
Center (VAMC)  in Grand Junction, Colorado. Agency Report (AR), Tab 3, RFQ
Inclusive of All Amendments (RFQ), at 12. Each workstation would include an
anesthesia delivery system and an anesthesia monitoring system; the contractor would
also be responsible for maintenance, warranty, and training. Id.

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