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B-279238 1 (1998-05-21)

handle is hein.gao/gaocrptahry0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Boehringer Mannheim Corporation File: B-279238 Date: May 21, 1998 Robert M. Jenkins III, Esq., Harkins Cunningham, for the protester. Timothy Sullivan, Esq., and Katherine S. Nucci, Esq., Adduci, Mastriani & Schaumberg, for Abbott Laboratories, an intervenor. Phillipa L. Anderson, Esq., and Melbourne A. Noel, Jr., Esq., Department of Veterans Affairs, for the agency. Win. David Hasfurther, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Blanket purchase agreement (BPA) with vendor for blood glucose monitoring products, which was executed pursuant to Federal Acquisition Regulation (FAR) Subpart 8.4, is not legally objectionable notwithstanding the inclusion in the BPA of a conditional discount for other products sold by that vendor under another BPA. DECISION Boehringer Mannheim Corporation (BMC) protests the terms of a blanket purchase agreement (BPA) entered into by the Abbott Diagnostics Division and Veterans Integrated Service Network No. 7 (VISN 7), Department of Veterans Affairs (VA), for blood glucose monitoring products. BMC contends the VA improperly bundled the anticipated purchase of these products with a potential 16-percent discount on any purchases made by VISN 7 under a separate Abbott immunoassay products BPA, thereby contravening the government's duty to promote full and open competition. We deny the protest. The VISN 7 blood glucose monitoring products BPA is part of a VA program to promote the standardization of pharmaceuticals and medic al/surgic al supply items in the hospital and clinic system operated by the Veterans Health Administration. As part of the program, the VA created the National Center for Laboratory Accuracy and Standardization. The Center conducted a study of monitoring systems and found that glucose monitoring products used for diabetes patients represented the single greatest over-the-counter supply cost for the VA in the year studied. The Center recommended that each VISN develop a multi-disciplinary committee consisting of primary care providers, diabetes specialists, nursing educators, and

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