[Protest of CDC Contract Award for Hepatitis Vaccine] V. B-252226.2

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B-252226.2 1 (1993-08-04)

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Comptroller G'eneral
of the United States
Waihinaton, D.C, 20548

Decision

Matter of:

SmithKline

Beecham

Pharmaceuticals, N.A.

File:

Date:

B-252226.2

August 4, 1993

Carl L. Vacketta, Esq., Pettit & Martin,
Daniel I. Prywes, Esq., Pepper, Hamilton
Merck & Co., an interested party.
Michael Colvin, Department of Health and
the agency.
Paul E. Jordan, Esq., and toaul I. Lieberi
the General Counzel, GAO, participated i
the decision.

for the protester.

for the protester.
& Scheetz, for

Human Services, for

'man, Esq., Office
n the preparation

of
of

DIGEST

Where agency conducts discussions with proposed awardee,
after submission of best and final offers, in order to
ensure uninterrupted supply of quantities of multi-dose
vials of vaccine, it must also conduct discussions with
other offeror in competitive range.

DECISION

SmithKline Beecham Pharmaceuticals, N.A. protests the award
of a contract to Merck & Co. under request for proposals
(RFP) No. 93-17(N), issued by the Center For Disease Control
(CDC), Department of Health and Human Services (HHS), for
supply of indefinite quantities of Hepatitis B vaccine.
SmithKline protests the evaluation of offers, the statement
of requirements, the conduct of discussions, and the
eligibility of Merck to receive an award.

We sustain the protest.

The RFP schedule specified four line items: (B.l.a.t)
pediatric formulation, 1 milliliter (ml) vials (4 doses);
(B.1.a.2) pediatric, 3 ml vials (12 doses); (B.l.b.l) adult
formulation, 1 ml vials (I dose); and (B.l.b.2) adult,
3 ml vials (3 doses). The schedule also listed, in
milliliters, maximum annual quantities, guaranteed annual
minimum quantities, and maximum monthly usage for the
pediatric and adult formulations. The schedule did not
indicate which of these quantities would be single and
multi-dose vials. The RFP provided for evaluation of offers