CareFusion Solutions, LLC (1424443)

B-418736.2 Oct 22, 2020 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights CareFusion Solutions, LLC (CareFusion), of San Diego, California, protests the issuance of a delivery order to Omnicell, Inc., of Mountain View, California, under request for quotations (RFQ) No. 1424443, issued by the Department of the Army, Corps of Engineers, to supply and install medical supply and pharmaceutical point of use (POU) cabinets and management system. CareFusion challenges the agency's issuance of the delivery order. We dismiss the protest. 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:  CareFusion Solutions, LLC File:  B-418736.2 Date:  October 22, 2020 William A. Shook, Esq., The Law Offices of William A. Shook PLLC, for the protester. Julie M. Nichols, Esq., Roeder, Cochran, Phillips, PLLC, for Omnicell, Inc., the intervenor. C. Clay Weisenberger, Esq., Department of the Army, for the agency. Sarah T. Zaffina, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester that does not have a Federal Supply Schedule (FSS) contract is not an interested party to challenge the agency’s issuance of a delivery order under the FSS contract.  DECISION CareFusion Solutions, LLC (CareFusion), of San Diego, California, protests the issuance of a delivery order to Omnicell, Inc., of Mountain View, California, under request for quotations (RFQ) No. 1424443, issued by the Department of the Army, Corps of Engineers, to supply and install medical supply and pharmaceutical point of use (POU) cabinets and management system.  CareFusion challenges the agency’s issuance of the delivery order. We dismiss the protest. BACKGROUND On April 20, 2020, the Army issued RFQ No. 1424443 through the General Services Administration (GSA) e-Buy portal, which Federal Acquisition Regulation (FAR) subpart 8.4 has designated as GSA’s electronic RFQ system where ordering activities post requirements.  FAR 8.402(d); Agency Report (AR), Tab 1, GSA e-Buy RFQ Posting (RFQ Posting) at 1.[1]  The RFQ was limited to holders of GSA FSS contract 65 II A, Medical Equipment & Supplies, pursuant to the procedures of FAR subpart 8.4.  Id.; Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 1.  The RFQ sought an estimated 262 medical supply and pharmaceutical POU automated distribution cabinets, as well as services to configure and test the medication and supply management system in the William Beaumont Army Medical Center’s new replacement hospital at Fort Bliss, Texas, to be delivered 365 days after award.  Id., RFQ Posting at 1.  The delivery order would be issued to the vendor that submitted the lowest‑priced, technically acceptable quotation.  AR, Tab 2, Conformed RFQ at 2‑3.[2] The agency received quotations from two vendors, CareFusion and Omnicell, through the e‑Buy portal by the closing date of June 8.  AR, Tab 4, Competitive Range Determination at 1.  The agency determined discussions were necessary and issued amendment 8 directly to CareFusion and Omnicell, requiring quotations to be submitted via email directly to the agency.[3]  Id. at 2; RFQ amend. 8 at 4; COS/MOL at 2.  CareFusion and Omnicell submitted revised quotations by the revised deadline, June 17, and the agency determined both quotations were acceptable.  AR, Tab 7, Combined Pre‑Negotiation Objective Memo. & Price‑Negotiation Memo. (Price‑Negotiation Memo.) at 2.  Omnicell’s quoted price was $5,349,360, while CareFusion’s quotation was lower at $4,892,171; therefore, following the evaluation, the Army issued the delivery order to CareFusion on July 2.  Price‑Negotiation Memo. at 5‑6; AR, Tab 8, CareFusion Delivery Order at 1.  At the time the Army issued the delivery order to CareFusion, CareFusion no longer had an FSS contract because it had been cancelled effective July 1.  AR, Tab 9, Emails from CareFusion at 1; see AR, Tab 10, Cancellation of CareFusion FSS Contract 65 II A at 1.  After learning from CareFusion that it was no longer an FSS contract holder, the Army determined that CareFusion’s quotation was non-responsive and not eligible for award.  Price‑Negotiation Memo. at 8-10.  The Army issued an order to Omnicell which had submitted the next lowest‑priced, technically acceptable quotation.  Id.