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

B-282469 1 (1999-07-15)

handle is hein.gao/gaocrptajjz0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Pyxis Corporation File: B-282469; B-282469.2 Date: July 15, 1999 Paul W. Cobb, Jr., Esq., and Leslie H. Lepow, Esq., Jenner & Block, for the protester. Jeff Arbuckle for OmniCell Technologies, Inc., an intervenor. Maj. David Newsome, Jr., Department of the Army, for the agency. Linda S. Lebowitz, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Where an untimely issue raised by the protester provides an opportunity to clarify the caselaw concerning the ordering of non-Federal Supply Schedule (FSS) items in connection with an FSS buy, a matter which the General Accounting Office (GAO) views as of widespread interest to the procurement system, GAO will consider this issue pursuant to the significant issue exception to its timeliness rules. 2. An agency may no longer rely on the incidentals test to justify the purchase of non-FSS items in connection with an FSS buy; where an agency buys non-FSS items, it must fo llo w applic able ac quisitio n regulatio ns. 3. Agency reasonably issued delivery orders to FSS vendor whose hospital medication and supply dispensing system offered features that satisfied the agency's needs, rather than to the protester, another FSS vendor, whose comparably priced system did not satisfy these needs. DECISION Pyxis Corporation protests the issuance of delivery order Nos. DADA10-99-F-0194, DADA10-99-F-0216, and DADA10-99-F-0217, to OmniCell Technologies, Inc. by the United States Army Medical Command, Department of the Army, for automated medication and supply dispensing equipment and software, known as a point of use (POU) system for, respectively, Womack Army Medical Center, Madigan Army Medical Center, and Walter Reed Army Medical Center. The delivery orders were issued under OmniCell's Federal Supply Schedule (FSS) contract No. V797P-3406K for medical equipment and supplies. Pyxis contends the agency improperly issued the orders to OmniCell.

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