About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-271559 1 (1996-07-16)

handle is hein.gao/gaocrptaeex0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Support Services International, Inc. File: B-271559; B-271559.2 Date: July 16, 1996 Joel C. Mandelman, Esq., for the protester. Mike Colvin, Department of Health and Human Services, for the agency. Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Indian Health Service (IHS) did not violate the Buy Indian Act by failing to set aside a health care-related acquisition for Indian-owned companies since under the Buy Indian Act IHS has the discretion to set procurements aside for Indian-owned firms, but is not required to set aside any particular procurement. 2. Contracting agency has not adequately justified its decision not to solicit the incumbent and instead to award to another company on a sole source basis where the record fails to demonstrate a reasonable basis for the agency determination that the incumbent could not be expected to perform the services satisfactorily. DECISION Support Services International, Inc. (SSI), an Indian-owned company, protests the award of an interim contract to McKesson Drug Company under request for proposals (RFP) No. 785, issued by the Phoenix Area Indian Health Service (IHS), Department of Health and Human Services (HHS), for the purchase and delivery of drugs on the Federal Supply Schedule (FSS) to Indian health clinics located in Arizona, Nevada, and Utah. The protester complains that the award improperly was made on a sole source basis to a company that is not Indian-owned. We sustain the protest. BACKGROUND In March 1995, the IHS awarded a contract consisting of base year plus two 1-year options contract to SSI under RFP No. 753, a Buy Indian Act set-aside for the distribution of drugs and pharmaceutical items on the FSS to IHS hospitals and clinics located in Arizona, Nevada, and Utah. At the conclusion of the base year, 540716

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most