Protest Rolled Over Reusable Rollators

The protester argued that the agency’s cancellation of a blanket purchase agreement (BPA) was unreasonable and improper. GAO found that the agency acted within its discretion to remedy an identified procurement error. The agency took proper corrective action because the solicitation’s product list included an item—rollators—the agency did not intend to procure.

Veterans Medical Supply, Inc., GAO, B-422168.4; B-422168.5

• Background – The agency sought to establish BPAs under RFQ No. 36C24123Q0765 for the provision of medical and surgical supplies. Following a protest related to the eligibility of the protester for a BPA, the agency canceled that BPA due to the inclusion of rollators—which are considered reusable medical equipment—on the RFQ’s product list. The protester subsequently filed this protest, claiming that the cancellation was improper.
• Scope Determination – The agency determined that rollators were not part of the consumable medical equipment that the RFQ aimed to procure. The protester contended that this determination was an abuse of discretion, arguing that since rollators were on the MSPV product list, they should be within scope. The GAO upheld the agency’s conclusion, indicating that the contracting officer was authorized to make scope decisions and that rollators were indeed outside the scope of the IDIQ contract.
• Correction of Procurement Errors – The agency took corrective action to address the procurement error, modifying the RFQ and removing rollators from the quote sheet. The protester argued that the agency failed to show the product list was properly updated and that their BPA was wrongly canceled without sufficient justification. However, GAO found the agency’s corrective steps reasonable, emphasizing that it is within the agency’s broad discretion to correct procurement errors as necessary.

The protester is represented by John M. Manfredonia, Esq., of Manfredonia Law Offices, LLC. The government is represented by Jared M. Levin, Esq., of the Department of Veterans Affairs. GAO attorneys Christine Martin, Esq., and Tania Calhoun, Esq., participated in the decision.