Bristol-Myers Squibb Company
Case: B-275277
Agency:
Protester: Bristol
Date: 1997-02-05
Denied
B-275277
Feb 05, 1997
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Highlights
Is not objectionable where the protester fails to show that the methodology and estimates. Which were in part the result of a statistical analysis. Are not reasonably accurate. Or are less accurate than the estimates would have been if they had been determined solely from the review of the agency's historical data. Protest of the relative importance of certain evaluation factors set forth in a solicitation for drugs used in the treatment of hypercholesterolemia is dismissed where the relative importance of the particular evaluation factors is a reflection of the agency's medical policy. This procurement is a part of VA's effort to standardize medical and pharmaceutical items to achieve concentrated buying power.
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Matter of: Bristol-Myers Squibb Company File: B-275277 Date: February 5, 1997
Price evaluation methodology, as reflected in the estimates set forth in a solicitation for drugs used in the treatment of hypercholesterolemia, is not objectionable where the protester fails to show that the methodology and estimates, which were in part the result of a statistical analysis, are not reasonably accurate, or are less accurate than the estimates would have been if they had been determined solely from the review of the agency's historical data. Protest of the relative importance of certain evaluation factors set forth in a solicitation for drugs used in the treatment of hypercholesterolemia is dismissed where the relative importance of the particular evaluation factors is a reflection of the agency's medical policy.
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DECISION
Bristol-Myers Squibb Company protests the terms of request for proposals (RFP) No. M5-Q6-96, issued by the Department of Veterans Affairs (VA), for hydroxymethylglutaryl-coenzyme A (HMG-CoA) reductase inhibitors. [1] Bristol-Myers protests the RFP's price evaluation methodology as reflected in the estimates for the HMG-CoA reductase inhibitors and the relative importance of the RFP's evaluation factors.
We deny the protest.
This procurement is a part of VA's effort to standardize medical and pharmaceutical items to achieve concentrated buying power. To assist in this effort, and to better manage its procurement of $1 billion of pharmaceuticals per year, the VA created a Pharmacy Benefits Management (PBM) section, which is staffed by Doctors of Pharmacy. The PBM is tasked with developing "evidence-based pharmacologist management guidelines for improving quality and providing best-value patient care." The PBM section is guided in part by a Medical Advisory Panel (MAP), which is comprised of nine practicing VA physicians. The pharmacologic treatment guidelines developed by the MAP provide guidance for standardized research-based care at all VA medical centers.
There are currently four HMG-CoA reductase inhibitors (also known as "statins") available in the United States for prescription. They are pravastatin, produced by Bristol-Myers; lovastatin and simvastatin, produced by Merck & Company; and fluvastatin, produced by Sandoz. Because of their differing chemical compositions, the four statins differ as to efficacy in lowering low-density-lipoprotein (LDL) cholesterol. The VA currently purchases varying quantities of each of the four statins for prescription by VA physicians to their patients.
The MAP determined, based upon its review of the relevant medical literature and the needs of VA physicians, that two statins should be procured for use at VA medical centers, with one serving as "a first-line statin . . . designated as the preferred formulary agent," and a second statin as an alternate "for those [patients] who do not tolerate the preferred agent." The MAP contemplates that once the primary and secondary statins are selected under this RFP, the agency will issue guidelines for converting all VA patients currently prescribed a statin (other than the statin selected as the primary statin) to the primary statin, and, for those patients who cannot be prescribed the primary statin, to the secondary statin. For example, if a patient is currently prescribed a particular dosage of simvastatin, and pravastatin is selected as the primary drug for the treatment of hypercholesterolemia, that patient would be converted to pravastatin in accordance with MAP guidelines.
The RFP provides for the award of two fixed-price requirements contracts, for a base period of 1 year with four 1-year options, for the supply of the two statins.
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