ARKRAY USA, Inc., of Edina, Minnesota, protests the Department of Defense's (DOD) establishment of a blanket purchase agreement (BPA) with Abbott Diabetes Care Sales Corporation, of Alameda, California, for self-monitoring blood glucose system test strips for inclusion on the TRICARE uniform formulary. ARKRAY contends that Abbott's blood glucose meters--which the vendor must provide to TRICARE beneficiaries free of charge under the terms of the BPA--are not on Abbott's Federal Supply Schedule (FSS) contract or compliant with the Trade Agreements Act (TAA).
We dismiss the protest, because the protester's arguments are an untimely challenge to patent ambiguities in the solicitation.
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