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B-413945 1 (2016-11-07)

handle is hein.gao/gaobadssc0001 and id is 1 raw text is: G A O Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Shertech Pharmacy Piedmont, LLC File: B-413945 Date: November 7, 2016 Timothy A. Sheriff, Esq., Sheriff & White, PLLC, for the protester. Evan C. Williams, Esq., and Scott N. Flesch, Esq., Department of the Army, for the agency. Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protester's interpretation of solicitation provision requiring a 30 minute response time for certain materials as requiring only an acknowledgment by the contractor, as opposed to actual delivery, is unreasonable when the solicitation is read as a whole and in a manner giving effect to all of its provisions; the only reasonable interpretation is that the contractor will be required to deliver the materials within the specified time period. 2. Protest challenging the terms of the solicitation as being unduly restrictive of competition is dismissed as untimely where the challenge is raised after award. DECISION Shertech Pharmacy Piedmont, LLC, a small business, of Kernersville, North Carolina, protests the award of a contract to Cardinal Health 414, LLC, of Dublin, Ohio, under request for proposals (RFP) No. W91YTZ-16-R-0068, which was issued by the Department of the Army, for the provision of radiopharmaceuticals for the Womack Army Medical Center at Fort Bragg, North Carolina. Shertech alleges that the agency unreasonably found its proposal technically unacceptable as a consequence of a latent ambiguity regarding the solicitation's requirements, and the solicitation, as interpreted by the agency, was unduly restrictive of competition. We deny the protest in part and dismiss it in part.

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