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B-272461 1 (1996-10-18)

handle is hein.gao/gaocrptaejh0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision DOCUMENT FOR PUBLIC RELEASE A protected decision was issued on the date below and was subject to a GAO Protective Order. This version has been redacted or approved by the parties involved for public release. Matter of: Mortara Instrument, Inc. File: B-272461 Date: October 18, 1996 Thomas C. Wheeler, Esq., and Eric B. Kantor, Esq., Piper & Marbury; Anne M. Hlavacka, Esq., and Vincent J. Beres, Esq., Reinhasrt, Boerner, Van Deuren, Norris & Rieselbach, for the protester. Mitchell W. Quick, Esq., Michael, Best & Friedrich, for Marquette Medical Systems, Inc., an intervenor. Nicholas P. Retson, Esq. and Stephen D. Sanders, Esq., Department of the Army, for the agency. Paula A. Williams, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Contracting officer's decision to procure cardiology medical information system on an unrestricted basis, and not through a small business set-aside, is not an abuse of discretion where agency concluded that the requirements were technically complex and involved installation at more than 200 locations in the United States and overseas and only one small business firm responded to the draft solicitation and subsequent Commerce Business Daily notice. 2. Protest that various requirements for a cardiology medical information system can only be met by incumbent contractor is denied where the solicitation did not specify a particular method for designing the system and offerors were free to choose any approach that could meet the challenged requirements. 3. Contracting agency is not required to acquire and furnish to prospective offerors information concerning certain components of the system currently in use that is proprietary to the incumbent contractor where agency asserts it has no rights to the information, and protester has not shown otherwise. DECISION Mortara Instrument, Inc. protests certain provisions in request for proposals (RFP) No. DAMD17-94-R-0052, issued by the Department of the Army, Army Medical Research Acquisition Activity (AMRAA), seeking proposals to provide a cardiology 350122

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