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B-294944.3 1 (2005-02-02)

handle is hein.gao/gaocrptaqtd0001 and id is 1 raw text is: SGAO Accountability* Integrity Reliability Decision Matter of: Boehringer Ingelheim Pharmaceuticals, Inc. File: B-294944.3; B-295430 Date: February 2, 2005 John A. Burkholder, Esq., and Frank Rapoport, Esq., McKenna Long & Aldridge, for the protester. John S. Pachter, Esq., Jonathan D. Shaffer, Esq., and Sophia R. Zetterlund, Esq., Smith Pachter McWhorter & Allen, for AstraZeneca Pharmaceuticals LP, an intervenor. Melbourne A. Noel, Jr., Esq., Phillipa L. Anderson, Esq., and Philip S. Kauffman, Esq., Department of Veterans Affairs, for the agency. Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protests arguing that solicitations for formulary drugs are unduly restrictive because the solicitations limit competition to those drugs within the class that treat certain conditions is denied where the limits on competition reasonably reflect the agency's needs. DECISION Boehringer Ingelheim Pharmaceuticals, Inc. (BI) protests the terms of two solicitations issued by the Department of Veterans Affairs (VA) for Angiotensin II Receptor Antagonists, also known as Angiotensin II Receptor Blockers (or ARBs), for inclusion on the VA's National Formulary.' One solicitation (request for A formulary is a list of prescription drugs, grouped by therapeutic class, which a health care organization prefers that its physicians prescribe. Drugs are chosen for a formulary on the basis of their medical value and price. The formulary system seeks to standardize drug use, ensure availability and consistency of the product for nationwide usage, increase the continuity of care, standardize the process for evaluating the safety and efficacy of drugs, and manage cost growth. Schering Cor., B-286329.3, B-286329.4, Feb. 2, 2001, 2001 CPD 19 at 2 n.2; VA Health Care: VA's (continued...)

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