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B-417853.2,B-417854.2,B-418038,B-418048,B-418049,B-418050,B-418051,B-418052,B-418053,B-418054,B-418055,B-418056,B-418057,B-418058,B-418059 1 (2019-12-23)

handle is hein.gao/gaobaeakl0001 and id is 1 raw text is: 



GA.O U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                 Comptroller General
Washington, DC 20548                                            of the United States




Decision


Matter of:  Veterans Healthcare Supply Solutions, Inc.

File:       B-418038; B-418048; B-418049; B-418050; B-418051; B-418052;
            B-418053; B-418054; B-418055; B-418056; B-418057; B-418058;
            B-418059; B-417853.2; B-417854.2

Date:       December  23, 2019

William A. Shook, Esq., The Law Offices of William A. Shook PLLC, for the protester.
Deborah  K. Morrell, Esq., Department of Veterans Affairs, for the agency.
Sarah T. Zaffina, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

Protest challenging solicitation terms that apply Buy American Act requirements to
quotations from small businesses instead of applying Trade Agreements Act (TAA)
requirements, when the Small Business Administration has issued a waiver of the
nonmanufacturer rule for the solicitation, is dismissed because acquisitions set aside for
small businesses are excepted from the TAA.
DECISION

Veterans Healthcare Supply Solutions, Inc. (VHSS) a service-disabled veteran-owned
small business (SDVOSB), of Jacksonville, Florida, protests the terms of request for
quotations (RFQ) No. 36C24C19Q0046,  issued by the Department of Veterans Affairs
(VA), to establish blanket purchase agreements (BPAs) for the procurement of medical
imaging-radiotherapy-nuclear medicine, cardiac catheterization lab, electrophysiology
labs and hybrid operating room suite medical and surgical supplies.' The protester


1 The protester also challenges the terms of 14 other solicitations providing a panoply of
medical, surgical, dental, and laboratory supplies under the VA's Medical Surgical/Prime
Vendor 2.0 (MSPV) Program.  Protest at 1 n.1. The terms of the RFQs are nearly
identical with the differences limited to the items supplied under the BPAs and contract
administration information not relevant in this case. Accordingly, the protests for the
following solicitations are consolidated here in a single decision, although the facts
discussed in this decision are specific to RFQ No. 36C24C19Q0046: RFQ
No. 36C24C19Q0046   (B-418038); RFQ  No. 36C24C19Q0032   (B-418048); RFQ
                                                                    (continued...)

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