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B-277733 1 (1997-10-27)

handle is hein.gao/gaocrptagdl0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Pfizer, Inc. File: B-277733 Date: October 27, 1997 Kenneth B. Weckstein, Esq., and Shlomo D. Katz, Esq., Epstein, Becker & Green, P.C., for the protester. David C. Hammond, Esq., W. Bruce Shirk, Esq., and Mary Baroody Lowe, Esq., Powell, Goldstein, Frazer & Murphy LLP, for the Bayer Corporation, an intervenor. Maura C. Brown, Esq., and Philip S. Kauffman, Esq., Department of Veterans Affairs, for the agency. Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency properly may seek offers of two different formulations of a drug under a single solicitation, and make a single award based on low price, where agency determines that either formulation will meet its needs. DECISION Pfizer, Inc. protests solicitation No. M5-Q5-97, issued by the Department of Veterans Affairs (VA) for long-acting nifedipine. Pfizer principally argues that the solicitation improperly provides for a single award for long-acting nifedipine, ignoring the differences between two competing nifedipine products. We deny the protest. The solicitation was issued as part of a broader program underway at the VA to standardize pharmaceutical and medical/surgical items in order to achieve concentrated buying power by creating national formularies for various drugs.1 The VA issued the solicitation here to establish a fixed-price contract for long-acting nifedipine tablets to be included on the national formulary. The solicitation provides for the award of a single contract based on low price. 1The term national formulary refers to the VA's selection of a limited number of common drug items for unrestricted use by any prescriber. The selection of drugs for the national formulary is designed to standardize care for patients throughout the VA's national network of medical care facilities and to reduce costs.

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