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B-185765 1 (1976-07-06)

handle is hein.gao/gaobaddbr0001 and id is 1 raw text is: 3. THE COMPTROLLER GENERAL DECISION . d OF% THE UNITED STATES WASHINGTON. D. C. 20546 FILE: B-185765 DATE: July 6, 1976 MATTER OF: Chaston Medical and Surgical Products, Inc. DIGEST: Drug stability data submitted by offeror to comply with solicitation requirement and found to be inadequate by preaward survey, which finding was affirmed by Food and Drug Administra- tion, presents reasonable basis for finding offeror nonresponsible. The Defense Personnel Support Center (DPSC), Philadelphia, Pennsylvania, issued solicitation No. DSAl20-76-R-0615 for an estimated quantity of 9,552 boxes of Povidone iodine solution, USP, 10 percent, 1/2 fluid ounce, national stock number 6505-00- 914-3593, on October 10, 1975. This procurement was to be negotiated with The Purdue Frederick Company (Purdue) under authority of 10 U.S.C. § 2304(a)(7) (1970), as DPSC believed that Purdue was the only potential offeror. However, prior to the closing date, DPSC received an offer from Chaston Medical and Surgical Products, Inc. (Chaston). During the time required to conduct a preaward survey on Chaston and its subcontractors, the Defense Medical Material Board informed the DPSC that the essential characteristics of the drug had been revised to include a requirement that any supplier of the drug had to possess a New Drug Application (NDA). Based on this information, DPSC canceled solicitation No. -0615 and issued request for proposals (RFP) No. DSA120-76-R-0942 which included the requirement for a NDA. Chaston submitted the low offer under the new solicitation. However, award of the contract was made to Purdue, the second low offeror, since the contracting officer determined that Chaston was not a responsible offeror. Chaston has protested this determination of nonrespon- sibility to our Office in a timely manner. - 1 -

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