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B-421262.2 Mar 08, 2023 1 (2023-03-08)

handle is hein.gao/gaoojx0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to Decision a GAO Protective Order. This redacted version has been approved for public release. Matter of: Vyaire Medical, Inc. File: B-421262.2 Date: March 8, 2023 Gregory S. Jacobs, Esq., Erin L. Felix, Esq., and Daniel H. Petkoff, Esq., Polsinelli PC, for the protester. Anastasia M. Hautanen, Esq., and Tami S. Hagberg, Esq., Department of Health and Human Services, for the agency. Jacob M. Talcott, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency's exclusion of the protester's proposal from the competitive range is denied where the agency's decision was reasonable and in accordance with the terms of the solicitation. DECISION Vyaire Medical, Inc., of Mettawa, Illinois, protests the exclusion of its proposal from the competitive range under request for proposals (RFP) No. 75A50122R00018, issued by the Department of Health and Human Services, for the storage and maintenance of ventilators and powered air purifying respirator systems. The protester contends that the agency unreasonably concluded that its proposal was technically unacceptable. We deny the protest. BACKGROUND On July 7, 2022, the agency issued the subject solicitation in accordance with Federal Acquisition Regulation (FAR) parts 12 and 15. The RFP anticipated the award of a contract containing both fixed-price and time-and-material line items, for a period of performance of five years, consisting of a transition-in period of six months, one 12-month base period with three 1-year option periods, and one 6-month option period.

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