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B-252226.2 1 (1993-08-04)

handle is hein.gao/gaobadoeq0001 and id is 1 raw text is: rdLvu- I9CrqqL Comptroller G'eneral of the United States Waihinaton, D.C, 20548 Decision Matter of: SmithKline Beecham Pharmaceuticals, N.A. File: Date: B-252226.2 August 4, 1993 Carl L. Vacketta, Esq., Pettit & Martin, Daniel I. Prywes, Esq., Pepper, Hamilton Merck & Co., an interested party. Michael Colvin, Department of Health and the agency. Paul E. Jordan, Esq., and toaul I. Lieberi the General Counzel, GAO, participated i the decision. for the protester. for the protester. & Scheetz, for Human Services, for 'man, Esq., Office n the preparation of of DIGEST Where agency conducts discussions with proposed awardee, after submission of best and final offers, in order to ensure uninterrupted supply of quantities of multi-dose vials of vaccine, it must also conduct discussions with other offeror in competitive range. DECISION SmithKline Beecham Pharmaceuticals, N.A. protests the award of a contract to Merck & Co. under request for proposals (RFP) No. 93-17(N), issued by the Center For Disease Control (CDC), Department of Health and Human Services (HHS), for supply of indefinite quantities of Hepatitis B vaccine. SmithKline protests the evaluation of offers, the statement of requirements, the conduct of discussions, and the eligibility of Merck to receive an award. We sustain the protest. The RFP schedule specified four line items: (B.l.a.t) pediatric formulation, 1 milliliter (ml) vials (4 doses); (B.1.a.2) pediatric, 3 ml vials (12 doses); (B.l.b.l) adult formulation, 1 ml vials (I dose); and (B.l.b.2) adult, 3 ml vials (3 doses). The schedule also listed, in milliliters, maximum annual quantities, guaranteed annual minimum quantities, and maximum monthly usage for the pediatric and adult formulations. The schedule did not indicate which of these quantities would be single and multi-dose vials. The RFP provided for evaluation of offers

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