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1Oo U.S. GOVERNMENT ACCOUNTABILITY OFFICE
A Century of Non-Partisan Fact-Based Work
441 G St. N.W. Comptroller General
Washington, DC 20548 of the United States
Decision
Matter of: Spartan Medical, Inc.
File: B-419503
Date: February 26, 2021
Keith J. Feigenbaum, Esq., and Luke McLoughlin, Esq., Duane Morris LLP, for the
protester.
Colonel Patricia S. Wiegman-Lenz, Lawrence M. Anderson, Esq., and Sariah Adams,
Esq., Department of the Air Force, for the agency.
Glenn G. Wolcott, Esq., and Christina Sklarew, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
1. Post-closing-date protest challenging the agency's use of its other transaction
agreement (OTA) authority, pursuant to 10 U.S.C. § 2371b, is dismissed as untimely.
2. Protest challenging the agency's evaluation of protester's response to a solicitation
that was issued pursuant to the agency's OTA authority is dismissed as challenging an
action outside of GAO's bid protest jurisdiction.
DECISION
Spartan Medical, Inc., of Rockville, Maryland, protests the Department of the Air Force's
improper use of the agency's prototype other transaction agreement (OTA) authority
for the procurement of COVID-19 testing supplies through the issuance of solicitation
No. FA811921 SC001, Area of Interest 0001. Spartan also protests the agency's
flawed evaluation of Spartan's response to that solicitation. Protest at 1-2.
We dismiss the protest.
On November 12, 2020, the agency issued the solicitation seeking white papers or
solution briefs responding to the need for rapid point-of-care and point-of-use COVID
testing products. Protest exh. A, Solicitation at 1. Among other things, the solicitation
stated that it sought responses from vendors who have developed or are developing
products that . .. [h]ave potential to achieve manufacturing production rates of
100K - 1 M tests/day within 3-4 months of contract award. Id. The solicitation further
notified vendors that the agency contemplated that award would be made pursuant to](ViewImageLocal?handle=hein.gao/gaobaecno0001&div=1&collection=&method=preview&ext=.png&size=3)