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B-298590 1 (2006-11-15)

handle is hein.gao/gaocrptasrg0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: General Injectables & Vaccines, Inc. File: B-298590; B-298590.2; B-298590.3 Date: November 15, 2006 Lawrence Z. Lorber, Esq., Mark J. Biros, Esq., Stephen D. Solomon, Esq., James F. Segroves, Esq., Meredith C. Bailey, Esq., and Rachel F. Glickman, Esq., Proskauer Rose LLP, and Gilbert J. Ginsburg, Esq., Law Office of Gilbert J. Ginsburg, for the protester. David R. Hazelton, Esq., Roger S. Goldman, Esq., Donald M. Remy, Esq., Kyle R. Jefcoat, Esq., and Joshua K. Chandler, Esq., Latham & Watkins LLP, and Carole S. Ungvarsky, Esq., McKesson Corporation, for McKesson Specialty Distribution LLC, an intervenor. Daniel Meron, Esq., Dana J. Petti, Esq., and Elise Harris, Esq., Centers for Disease Control and Prevention, Department of Health and Human Services, for the agency. Paul N. Wengert, Esq., and Glenn G. Wolcott, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency conducted discussions with eventual awardee, to determine whether its proposal met go/no-go requirement, is denied where solicitation did not preclude agency from conducting discussions regarding the requirement, and agency subsequently conducted discussions with all offerors. 2. Protest that agency's efforts to reach consensus among evaluation panelists constituted improper pressure is denied where agency's final evaluation ratings are reasonably supported by record, and protester has not identified any substantive flaw in the evaluation of final proposal revisions. DECISION General Injectables & Vaccines, Inc. (GIV) protests its proposal's exclusion from the competitive range by the Centers for Disease Control and Prevention (CDC) under request for proposals (RFP) No. 2006-N-08248, for vaccine stockpile management and distribution under the Vaccines for Children Act, 42 U.S.C. § 1396s (2000). GIV asserts that evaluators were improperly pressured to change their initial evaluations, and that CDC conducted improper discussions with the eventual awardee, in order

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