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

B-277253 1 (1997-09-17)

handle is hein.gao/gaocrptagbm0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: SmithKline Beecham Pharmaceuticals File: B-277253; B-277253.4 Date: September 17, 1997 James P. Gallatin, Jr., Esq., Scott D. Chaplin, Esq., and James P. Hodges, Esq., Reed Smith Shaw & McClay, for the protester. Joel R. Feidelman, Esq., Deneen J. Melander, Esq., and Nancy R. Wagner, Esq., Fried, Frank, Harris, Shriver & Jacobson, for Merck & Company, Inc., an intervenor. J. Albert Calluso, Esq., Defense Logistics Agency, for the agency. Andrew T. Pogany, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that contracting agency should have employed an indefinite delivery/indefinite quantity contract with multiple award provision is denied where agency properly determined that a requirements contract with a single award provision reflected its needs and enhanced competition between the only two producers of the item being procured. DECISION SmithKline Beecham Pharmaceuticals protests the terms of request for proposals (RFP) No. SP0200-97-R-1700, issued by the Defense Logistics Agency (DLA) for adult hepatitis A vaccine. We deny the protest. The RFP, issued on May 12, 1997, contemplated the award of a single requirements contract, for an initial 1-year base period with 4 option years, to the offeror submitting the lowest priced, technically acceptable proposal. The RFP specified by brand name the only two hepatitis A vaccines licensed in the United States--Havrix (manufactured by SmithKline) and Vaqta (manufactured by Merck & Company, Inc.). The RFP instructed offerors to propose pricing for these two specified commercially available single-dose adult hepatitis A vaccines packaged in the following three ways: a single dose syringe, a package of five single dose syringes, and a single dose vial. Currently, the Department of Defense procures the hepatitis A vaccines through Distribution and Pricing Agreements (DAPA), which are similar to basic ordering agreements, with SmithKline and Merck. The RFP provides that, upon award of the contract, the successful offeror's DAPA will be modified to reflect the contract prices received under this solicitation and that the losing

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