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[Protest Alleging VA Specifications Unduly Restrict Competition]

B-214578: Aug 10, 1984

A firm protested a Veterans Administration (VA) invitation for bids (IFB) for drug prescription bottles, contending that: (1) a specification excluding reversible safety caps was arbitrary and capricious since reversible caps are not prohibited by the Poison Prevention Packaging Act or Consumer Product Safety Commission regulations; (2) the specification unduly restricted competition by eliminatin...

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B-214578, AUG. 10, 1984, 84-2 CPD 160

B-214578: Aug 10, 1984

ALLEGATION THAT SPECIFICATION REQUIRING NONREVERSIBLE SAFETY CAPS FOR DRUG PRESCRIPTION BOTTLES IS ARBITRARY AND CAPRICIOUS AND CONTRARY TO POISON PREVENTION PACKAGING ACT OF 1970. SEC. 1471 ET SEQ. (1976) AND THE IMPLEMENTING REGULATIONS IS DENIED SINCE NEITHER THE ACT NOR THE REGULATIONS MANDATE A PARTICULAR TYPE OF CHILD RESISTANT PACKAGING AND THEREFORE THE CONTRACTING AGENCY HAS THE RESPONSIB...

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