Roche Diagnostics Corporation (FA4427-21-R-0007)
Case: B-419510
Agency:
Protester: Roche Diagnostics Corporation
Date: 2021-04-16
Denied
B-419510,B-419510.2
Apr 16, 2021
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Highlights
Roche Diagnostics Corporation, located in Indianapolis, Indiana, protests the terms of request for quotations (RFQ) No. FA4427-21-R-0007, issued by the Department of the Air Force for a complete core laboratory solution for chemistry laboratory analyzers for the medical treatment facility at the David Grant Medical Center (DGMC) at Travis Air Force Base Fairfield, California. The protester contends that the solicitation is unduly restrictive of competition and that the agency improperly converted the procurement from one seeking a single vendor to one that permits multi-vendor solutions.
We deny the protest.
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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: Roche Diagnostics Corporation
File: B-419510; B-419510.2
Date: April 16, 2021
Jonathan Aronie, Esq., and Nikole Snyder, Esq., Sheppard Mullin Richter & Hampton LLP, for the protester.
Alexis J. Bernstein, Esq., Colonel Patricia S. Wiegman-Lenz, Josephine R. Farinelli, Esq., and Major Nicholas C. Frommelt, Department of the Air Force, for the agency.
Alexander O. Levine, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest challenging, as unduly restrictive of competition, the combination of laboratory analyzer requirements into a single solicitation is denied where the record shows that the combination of requirements is reasonably necessary to meet the agency’s legitimate needs.
2. Protest challenging agency’s interpretation of the solicitation as permitting the use of subcontractors to satisfy solicitation requirements is dismissed as untimely where the protester raised this argument in a piecemeal fashion.
DECISION
Roche Diagnostics Corporation, located in Indianapolis, Indiana, protests the terms of request for quotations (RFQ) No. FA4427-21-R-0007, issued by the Department of the Air Force for a complete core laboratory solution for chemistry laboratory analyzers for the medical treatment facility at the David Grant Medical Center (DGMC) at Travis Air Force Base Fairfield, California. The protester contends that the solicitation is unduly restrictive of competition and that the agency improperly converted the procurement from one seeking a single vendor to one that permits multi-vendor solutions.
We deny the protest.
BACKGROUND
The solicitation at issue arises from a recurring requirement for a complete core laboratory solution for DGMC. Agency Report (AR), Tab 1, Contracting Officer’s Statement (COS) at 2. The requirement is for chemistry/immune-chemistry, coagulation, and urinalysis analyzers, as well as associated services and supplies such as reagents for patient testing. Id. These analyzers make up an automation line that includes a specimen storage module and three centrifuges, which assure the continual centrifugation of specimens for the clinical laboratory located at DGMC. Id.
Prior to issuing the RFQ, the Air Force conducted initial market research using commercial and government databases, including the System for Award Management website, the Federal Procurement Data System-Next Generation website, and the Dynamic Small Business Search website. AR, Tab 11, Air Force Market Research Report.
Secondary research was conducted by the General Services Administration (GSA) via a posted request for information (RFI) on GSA’s e-buy website on December 18, 2020. AR, Tab 12, RFI. GSA received responses from seven interested parties, including Roche. AR, Tab 13, GSA Market Research Report at 2. In a series of questions, the RFI asked each respondent to identify whether it could meet the requirements of each of the six technical factors, which were as follows: (1) the analyzer platform; (2) the chemistry and immunochemistry analyzer requirements; (3) the coagulation analyzer requirements; (4) the urinalysis analyzer requirements; (5) the automation line and sample storage; and (6) the data management system. AR, Tab 12, RFI at 4-7. No single company indicated it could meet all six technical factors. AR, Tab 13, GSA Market Research Report at 2-8.
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