[Protest of DLA Contract Award for Vented Intravenous Injection Sets]

A firm protested Defense Personnel Support Center contract awards for medical equipment, contending that the amount of equipment being procured greatly exceeded the government's actual requirements. The protester also contended that the equipment specified in the solicitations unnecessarily exposed patients to infection, and that the equipment which it proposed was safer than that solicited. Since the protester deliberately submitted a nonconforming offer, while its competitor submitted a conforming offer, GAO found that the protester was not an interested party under bid protest procedures. Furthermore, protests concerning medical policies and the enforcement of those policies are beyond the scope of GAO bid protest functions. However, because of the significance of the issue raised and Department of Defense agreement with the protest from the standpoint of sound medical practice, GAO suggested that the procurements be reconsidered. Accordingly, the protest was dismissed.