Synchrogenix Information Strategies, LLC

B-414068.4 Sep 08, 2017 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Synchrogenix Information Strategies, LLC, of Wilmington, Delaware, protests the terms of request for proposals (RFP) No. 16-223-SOL-00073, issued by the Department of Health and Human Services, Food and Drug Administration (FDA), as a small business set-aside for software licenses, maintenance and support, and other activities associated with implementing the Electronic Common Technical Document (eCTD) validation and review software. Synchrogenix primarily alleges that the agency should cancel the solicitation because, while the procurement was being conducted, the protester's size status changed from small to other than small, such that the agency no longer has a reasonable expectation of receiving offers from two small business concerns. We deny the protest. We deny the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of:  Synchrogenix Information Strategies, LLC File:  B-414068.4 Date:  September 8, 2017 David S. Cohen, Esq., Laurel A. Hockey, Esq., Daniel Strouse, Esq., and John J. O'Brien, Esq., Cohen Mohr LLP, for the protester. Christine Simpson, Esq., Department of Health and Human Services; John W. Klein, Esq., and Meagan K. Guerzon, Esq., Small Business Administration, for the agencies. Peter D. Verchinski, Esq., and Amy B. Pereira, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest asserting that an agency is required to cancel a solicitation set aside for small businesses is denied where the protester does not show that the agency's failure to cancel the solicitation violates any law or regulation.  DECISION Synchrogenix Information Strategies, LLC, of Wilmington, Delaware, protests the terms of request for proposals (RFP) No. 16-223-SOL-00073, issued by the Department of Health and Human Services, Food and Drug Administration (FDA), as a small business set-aside for software licenses, maintenance and support, and other activities associated with implementing the Electronic Common Technical Document (eCTD) validation and review software.  Synchrogenix primarily alleges that the agency should cancel the solicitation because, while the procurement was being conducted, the protester's size status changed from small to other than small, such that the agency no longer has a reasonable expectation of receiving offers from two small business concerns. We deny the protest. BACKGROUND The FDA issued the RFP on July 1, 2016, as a combined synopsis/solicitation under the commercial item provisions of Federal Acquisition Regulation (FAR) subpart 12.6.  The RFP seeks to award a fixed-priced contract for a base year and four 1-year option periods for customized, commercial off-the-shelf software.  RFP at 3.  The agency initially procured this software under a cooperative research and development agreement between the FDA and the firm GlobalSubmit, and then GlobalSubmit provided maintenance and support for approximately 12 years on a sole-source basis.  Contracting Officer's (CO) Statement at 2.  Prior to issuing the solicitation here, the FDA issued a sources sought notice/request for information (RFI) on the FedBizOpps website.  The notice, published on March 24, 2016, requested information from businesses regarding their interest in, and capability of, meeting the FDA's statement of work for this procurement.  Id. at 1; RFI at 1.  The notice explained that, based on the responses received, the FDA would evaluate the appropriateness of a small business set-aside.  Id.  The agency subsequently received three responses from small businesses by the notice's April 14 deadline.  CO Statement at 1. The agency's technical team evaluated the responses from the small businesses.  Id. at 2.  The CO concluded, based on the technical team's evaluation and a review of the sources sought responses, that there was a reasonable expectation that offers would be obtained from at least two responsible small businesses, and that award could be made at a fair market price.  Id. The agency issued the RFP as a small business set-aside, and the agency received two responses, one from GlobalSubmit and one from Lorenz International, by the August 10 closing date.  Id.  The agency conducted an evaluation of the proposals and concluded that Lorenz offered the best value to the agency.  The FDA made award to Lorenz on September 30, and GlobalSubmit subsequently protested the award to our Office.  In response, the agency notified our Office of its intent to take corrective action on December 6.  On December 8, our Office dismissed GlobalSubmit's protest as academic.  GlobalSubmit, Inc., B-414068 et al., Dec.