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B-422168.2 Feb 14, 2024 1 (2024-02-14)

handle is hein.gao/gaopwp0001 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: Marathon Medical Corporation File: B-422168.2 Date: February 14, 2024 Julie M. Nichols, Esq., Roeder, Cochran, Phillips, PLLC, for the protester. Jared M. Levin, Esq., Department of Veterans Affairs, for the agency. Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that solicitation defectively applied nonmanufacturer rule is dismissed where protest was filed more than 10 days after the closing date for receipt of quotations, which constituted initial adverse agency action on the protester's pending agency-level protest raising the same issues. DECISION Marathon Medical Corporation, of Aurora, Colorado, a small business, protests the terms of request for quotations (RFQ) No. 36C241-23-Q-0765, issued by the Department of Veterans Affairs (VA), for the establishment of multiple blanket purchase agreements (BPA) under the VA's medical surgical prime vendor program for 1,243 VA healthcare facilities nationwide. Protest exh. A, RFQ at 2. Marathon argues that the terms of the RFQ contravene requirements to set aside the requirement for service- disabled veteran-owned small businesses (SDVOSB). We dismiss the protest as untimely because it was filed more than 10 days after initial adverse agency action on Marathon's timely agency-level protest. BACKGROUND The VA issued the RFQ on August 28, 2023, under the simplified acquisition procedures in Federal Acquisition Regulation (FAR) part 13, to obtain quotations for BPAs to supply commercial medical supplies and surgical items. Id. at 1. The RFQ stated that the VA would establish BPAs with Original Equipment Manufacturers (OEM), suppliers, and authorized resellers of medical/surgical supplies. Id. at 6. For vendors that offered an item as an authorized distributor or supplier, rather than the

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