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B-421748 Jul 28, 2023 1 (2023-07-28)

handle is hein.gao/gaoozs0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States Decision Matter of: Beckman Coulter, Inc. File: B-421748 Date: July 28, 2023 Thomas M. Holl, Beckman Coulter, Inc., for the protester. Andrew J. Smith, Esq., Natalie W. McKiernan, Esq., Blaine L. Hutchison, Esq., Seth Ritzman, Esq., and Nhu T. Tran, Esq., Department of the Army, for the agency. Cree W. Townsend, Emily R. O'Hara, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the awardee's technical acceptability is dismissed as untimely where the protest was filed more than 10 days after the protester received the information that formed the basis of protest. DECISION Beckman Coulter, Inc., of Indianapolis, Indiana, protests the award of a contract to Sysmex America, Inc., of Lincolnshire, Illinois, under request for quotations (RFQ) No. W81 K00-22-Q-0109, issued by the Department of the Army, Army Medical Command, for laboratory equipment and maintenance services for flow cytometry testing. The protester alleges the award was improper because the awardee should have been found to be technically unacceptable. We dismiss the protest as untimely. BACKGROUND The Army issued the RFQ on July, 14, 2022, using the simplified acquisition procedures for the purchase of commercial items prescribed in subpart 13.5 of the Federal Acquisition Regulation (FAR), for laboratory equipment and flow cytometry testing at the San Antonio Military Medical Center, Fort Sam Houston, Texas. Req. for Dismissal (RFD) at 1; RFD, exh. 1, RFQ at 60. The RFQ anticipated that award would be made on a lowest-priced, technically acceptable (LPTA) basis. RFQ at 95. As relevant here, the solicitation required all testing materials to be Food and Drug Administration (FDA) approved platforms. RFQ at 52.

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