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B-207458.2,B-207458.3 1 (1983-06-08)

handle is hein.gao/gaobadldg0001 and id is 1 raw text is: THE 4OMPTROLLER GENERAL DECISION • * OF THE UNITED STATES S WASHINGTON. 0.C. 20548 FILE: B-207458.2, B-207458.3 DATE: June 8, 1983 MATTER OF: Defense Logistics Agency; Berlex Laboratories, Inc.-- Request for Reconsideration DIGEST: GAO reverses prior decision and withdraws the recommendation for possible corrective action because of information the con- tracting agency has presented subsequent to the issuance of the decision. The Defense Logistics Agency (DLA) and Berlex Laboratories, Inc. (Berlex), request reconsideration of our decision in the matter of Bolar Pharmaceutical Co., Inc., B-20745a,_ February 17, 1983, 83-1 CPD 163, where we sustained the protest of Bolar Pharmaceutical Co., Inc. (Bolar), and recommended corrective action. Bolar protested the cancellation of request for proposals (RFP) No. DLA120-82-R-1194 (RFP -1194) and the award of a sole-source contract to Berlex under RFP No. DLAl20-81-R-2463 (RFP -2463). Both solicitations were issued by the Defense Personnel Support Center, DLA. RFP -2463 was issued on a sole-source basis to Berlex for six different drugs, among them quinidine gluconate, to satisfy all DLA and Veterans Administration (VA) require- ments for 1 year. Because delay in an award under RFP -2463 due to negotiation difficulties with Berlex created the possible exhaustion of the supply of quinidine gluconate, DLA issued RFP -1194 for about one-third of the requirement as a stopgap measure. Under RFP -1194, DLA had an offer from Berlex and an unexpected offer from Bolar, as follows: Unit Price Total Price Berlex $42.00 $423,360 Bolar 33.40 336,672 Shortly thereafter, Berlex refused to grant an impend- ing extension of its offer under RFP -2463. Because of this and the fact that Bolar could not be considered an approved ( f- C 2 (K -5-

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