Medline Industries, Inc.

B-412331 Jan 21, 2016 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Manus Medical LLC, of Richmond, Virginia, protests the terms of request for proposal (RFP) No. VA240C-15-R-0022, issued by the Department of Veterans Affairs (VA) to obtain custom sterile procedure packs for VA medical centers within the VA's Central Region Service Area Office (SAO Central). Manus, a service-disabled veteran-owned small business (SDVOSB), protests that the procurement should be set aside for SDVOSBs; that the requirements are improperly bundled; that the solicitation is unduly restrictive of competition; and that some offerors have organizational conflicts of interest. We deny the protest in part and dismiss it in part. We deny the protest in part and dismiss it in part. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of:  Manus Medical LLC File:  B-412331 Date:  January 21, 2016 James S. Phillips, Esq., and James S. DelSordo, Esq., Argus Legal LLC, for the protester. Barton B. Evans, Esq., Department of Veterans Affairs, for the agency. Glenn G. Wolcott, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest that procurement should be set aside for service-disabled veteran-owned small businesses is denied where agency’s market research established that there are not two small businesses that manufacture the products sought. 2.  Protest that agency improperly bundled requirements is denied where protester has not shown that it was precluded from competing for the requirements or that the requirements are unsuitable for award to small businesses. 3.  Protest that solicitation is unduly restrictive is denied where protester has not identified any solicitation provision that overstates the agency’s needs and has affirmatively represented that it can perform all of the solicitation requirements. 4.  Protest that potential offerors have organizational conflicts of interest is premature where no source selection decision has been made. DECISION Manus Medical LLC, of Richmond, Virginia, protests the terms of request for proposal (RFP) No. VA240C-15-R-0022, issued by the Department of Veterans Affairs (VA) to obtain custom sterile procedure packs[1] for VA medical centers within the VA’s Central Region Service Area Office (SAO Central).[2]  Manus, a service-disabled veteran-owned small business (SDVOSB), protests that the procurement should be set aside for SDVOSBs; that the requirements are improperly bundled; that the solicitation is unduly restrictive of competition; and that some offerors have organizational conflicts of interest.  We deny the protest in part and dismiss it in part. BACKGROUND In August 2015, the VA issued RFP No. VA240C-15-R-0022 as an unrestricted solicitation, posting it to the Federal Business Opportunities (FedBizOpps) website at that time.[3]  The solicitation contemplates the award of a single, indefinite-delivery indefinite-quantity (IDIQ) contract for a 12-month base period and four 12-month option periods.[4]  Among other things, the solicitation provides that:  The Contractor shall provide all labor, materials, transportation, equipment and supervision, in compliance with federal, state and local regulations, to provide a Custom Sterile Procedure Pack program for the Central Region Veterans Health Administration Medical Facilities . . . .  No two medical facilities are identical and therefore have unique clinical needs, as well as unique infrastructures and administrative processes and procedures. . . .