Omnicell, Inc.

Case: B-417941 Agency: Department of Defense : Department of the Army Protester: Omnicell, Inc. Date: 2019-12-16 Denied
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B-417941 Dec 16, 2019 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Omnicell, Inc., of Mountain View, California, protests the terms of request for quotations (RFQ) No. W81K00-19-Q-0209, issued by the Department of the Army, United States Army Medical Command (Army), for automated medication dispensing cabinets. Agency Report (AR), Tab 2, Contracting Officer's Statement (COS) at 1. The protester argues that the solicitation requirement that vendors provide proof of risk management framework/authority to operate (RMF/ATO) accreditation and certification is unduly restrictive of competition. The protester also challenges various other aspects of the solicitation. 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 version has been approved for public release. Decision Matter of:  Omnicell, Inc. File:  B-417941 Date:  December 16, 2019 Julie M. Nichols, Esq., Roeder, Cochran, Phillips, PLLC, for the protester. Scott N. Flesch, Esq., Major Gregory O’Malley, Department of the Army, for the agency. Christopher Alwood, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest challenging solicitation requirements as unduly restrictive of competition is denied where the record supports the agency’s assertion that the requirements are reasonably necessary to meet the agency’s needs. 2.  Protester is not an interested party to challenge other solicitation provisions or aspects of the procurement where the firm is unable to provide a product satisfying the solicitation’s specifications. DECISION Omnicell, Inc., of Mountain View, California, protests the terms of request for quotations (RFQ) No. W81K00-19-Q-0209, issued by the Department of the Army, United States Army Medical Command (Army), for automated medication dispensing cabinets.  Agency Report (AR), Tab 2, Contracting Officer’s Statement (COS) at 1.  The protester argues that the solicitation requirement that vendors provide proof of risk management framework/authority to operate (RMF/ATO) accreditation and certification is unduly restrictive of competition.  The protester also challenges various other aspects of the solicitation. We deny the protest in part and dismiss it in part.  BACKGROUND On July 17, 2019, the agency issued the RFQ for several automated medication dispensing cabinets and parts for use at the Brooke Army Medical Center in Fort Sam Houston, Texas, with a due date for quotations of July 31.  AR, Tab 21, RFQ at 1; COS at 2. [1]  The cabinets are used to securely store, dispense, and safely administer medications within the medical center’s wards and clinics.  The agency states that automated medication dispensing systems “support decentralized medication management, increase safety, and increase security of medication.”  COS at 1.  The RFQ provides for the award of a fixed-price contract, to be made on a lowest-priced, technically acceptable basis.  RFQ at 57.  As relevant here, the solicitation required the cabinets to utilize the Military Health System Application Access Gateway, a Department of Defense information technology system.  Id. at 33, 74-75.  The agency states that in order to operate on Department of Defense (DOD) information technology systems, a vendor’s product must be RMF/ATO accredited and certified by DOD.  COS at 5.  The Army explains further that RMF/ATO authorizes the automated dispensing cabinets to access the Army network, without which capability the cabinets would not meet the medical center’s requirement.[2]  Id. at 5.  Accordingly, in order to be evaluated as technically acceptable, the RFQ required vendors to provide in their quotation proof of RMF/ATO accreditation and certification.  RFQ at 57.  On July 29, the protester, through its counsel, sent questions to the agency questioning why the solicitation referenced Becton Dickinson (BD) CareFusion Pyxis equipment without any reference or supporting documentation for a brand-name procurement.  COS at 2.  In response to the protester’s concerns, on August 24, the agency issued amendment 0004, which revised the RFQ to a brand name or equal procurement based on the “Pyxis product schedule from BD”.  Id. at 2-3; AR, Tab 16, Amendment 0004 at 2.  As a result, the revised RFQ now included a justification and approval (J&A) for a brand name or equal procurement as required by Defense Federal Acquisition Regulation Supplement § 206.302-1(c).  See AR, Tab 17, J&A.  The J&A noted that the Defense Health Agency was standardizing its automated dispensing cabinet maintenance and support contracts to the “BD CareFusion Pyxis ES platform or equivalent.”  Id.

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