[Protest of DPSC Contract Award for Sphygmomanometers]

B-256169: May 6, 1994

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A firm protested a Defense Personnel Support Center (DPSC) contract award for sphygmomanometers, contending that DPSC improperly rejected its bid, since it failed to comply with the solicitation's pre-marketing requirements. GAO held that the: (1) Food and Drug Administration (FDA) reasonably determined that the protester was ineligible for award, since it failed to comply with legislative requirements; (2) protester failed to support its claim that it previously produced and sold the required items; and (3) protester untimely filed its protest challenging FDA determination that it was ineligible for the pre-market requirement exemption. Accordingly, the protest was dismissed.