Information Ventures, Inc., B-293541, April 9, 2004

B-293541 Apr 09, 2004 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights This "revised notice" was. There is no evidence in the record that this RFQ was sent to any other potential offeror. Nor is there any evidence that a second notice. Was published on the FBO website. Several provisions of the RFQ are relevant here. Publish annually a list of drugs for which pediatric studies are needed. When IVI was unable to reach agency personnel. That the agency did not have a reasonable basis for concluding that Metaworks was the only source able to perform the services. The RFQ and the agency's report incorrectly advise that the agency was proceeding pursuant to subpart 6.3 of the FAR. Although there are also instances where the agency states that this is a simplified acquisition. View Decision Information Ventures, Inc., B-293541, April 9, 2004 DIGEST Attorneys DECISION Information Ventures, Inc. (IVI) protests a sole source award to Metaworks, Inc. under request for quotations (RFQ) No. 263-04-(FQ)-0009, issued by the Department of Health and Human Services (HHS), National Institutes of Health (NIH), for research services associated with developing a list of drugs requiring additional study, and providing that list to Congress, as required by the Best Pharmaceuticals for Children Act (BPCA), 42 U.S.C.A. Sec. 284m(a) (West 2003). We sustain the protest. On December 15, 2003, HHS published a pre-solicitation notice--for solicitation No. 263-04-(DR)0016--on the Federal Business Opportunities (FBO) website, www.fedbizopps.gov. The notice stated that, for each drug on a list to be provided, the contractor would perform an assessment of the relevant literature using a standardized search methodology, document the search methodology, and identify all information about the effect of the drug on neonates and children under the age of 18. Agency Report (AR), Tab 3, Pre-solicitation Notice. The notice requested responses by December 18. On December 18, IVI contacted the agency and raised a number of concerns about the pre-solicitation notice. Of relevance here, IVI complained that the notice did not include essential details about the work to be performed, and did not allow adequate response time. In light of IVI's inquiry, the agency apparently became aware that its notice had failed to advise that the agency intended to award this contract to Metaworks on a sole source basis, and had not advised potential offerors about how to respond to the intended sole source procurement. AR, Tab 1, Statement of Facts, at 1. On December 31, in recognition of the issues raised by IVI, the agency issued what it terms a "revised notice." This "revised notice" was, in fact, an RFQ sent directly to IVI by e-mail. There is no evidence in the record that this RFQ was sent to any other potential offeror; nor is there any evidence that a second notice--revised or otherwise--was published on the FBO website. The RFQ required responses by noon on January 5, 2004. Several provisions of the RFQ are relevant here. First, the RFQ referenced the BPCA, which requires HHS to develop, prioritize, and publish annually a list of drugs for which pediatric studies are needed. The RFQ stated that in order to begin assessing whether certain drugs should be included on the 2005 list, the agency "requires a state-of-the-art systematic literature review, meta-analysis and [collaboration] with experts in pediatric research," and requires this review within a short time frame. RFQ at 2-3. In addition, the RFQ advised that the agency anticipated making a sole-source award to Metaworks, "pursuant to the authority [at] 41 U.S.C. 253(c)(1) as set forth in [Federal Acquisition Regulation (FAR) Sec.] 6.302-1." Id. at 2. In this regard, the RFQ stated that deliverables would include monthly progress reports, a preliminary draft report, and a final report by March 31, 2004. Id. at 4. Finally, the RFQ advised that any interested source should submit information to demonstrate its ability to perform these requirements by January 5, 2004. Id. at 1. Following its receipt of the RFQ on December 31, 2003, IVI attempted without success to contact the contracting officer on December 31, and again on the next business day, Friday, January 2, 2004. When IVI was unable to reach agency personnel, it filed this protest before close of business on January 2. During the course of this protest, on January 23, NIH awarded a sole source contract to Metaworks for a total price of $95,000. The protester essentially alleges that the RFQ did not provide adequate time or information to prepare a response, and that the agency did not have a reasonable basis for concluding that Metaworks was the only source able to perform the services. As a preliminary matter, the RFQ and the agency's report incorrectly advise that the agency was proceeding pursuant to subpart 6.3 of the FAR, which provides the authority for contracting without full and open competition.