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B-400429 1 (2008-10-27)

handle is hein.gao/gaobadapx0001 and id is 1 raw text is: li AL A , GA O Comptroller General Acc untabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Seaborn Health Care, Inc. File: B-400429 Date: October 27, 2008 Kathy C. Potter, Esq., and Janine S. Benton, Esq., Benton Potter & Murdock, PC, for the protester. John W. Gannan II, Esq., Department of Veterans Affairs, for the agency. Frank Maguire, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is sustained in Federal Supply Schedule (FSS) acquisition where request for quotations (RFQ) requires that competing vendors offer non-FSS services (specific on-site supervisory personnel) as part of their quotations, since non-FSS products and services may not be purchased using FSS procedures. DECISION Seaborn Health Care, Inc. protests the terms of request for quotations (RFQ) No. VA 769-08-RQ-0041, issued by the Department of Veterans Affairs (VA) for pharmacists and pharmacy technicians, to be provided by Federal Supply Schedule (FSS) contract vendors at VA's consolidated mail order pharmacies (CMOP). Seaborn asserts, among other things, that an RFQ requirement that the contractor provide on-site supervisory personnel at no cost is improper because supervisory personnel are not included under the FSS contract for pharmacists and pharmacy technicians. We sustain the protest. VA issued the RFQ on June 17, 2008 to establish Blanket Purchase Agreements (BPA) for pharmacists and pharmacy technicians at seven CMOPs across the country. RFQ at 2. Only holders of valid FSS contracts for the services requested are eligible to submit quotations. Id. The RFQ advises that VA intends to establish no more than one BPA for each CMOP (i.e. a maximum of seven BPAs established with seven FSS contractors.) Id. The RFQ provides for issuance of BPAs to vendors based on a best value evaluation, with technical factors significantly more

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