Organs for Life

B-416248 Jul 18, 2018 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights United Network for Organ Sharing (UNOS), of Richmond, Virginia, challenges the terms of request for proposals (RFP) No. 18-250-SOL-0017, which was issued by the Department of Health and Human Services (HHS), Health Resources and Services Administration (HRSA), for operation of the Organ Procurement and Transplantation Network (OPTN). The protester argues that the solicitation contains provisions that are inconsistent with the statutes and regulations concerning the OPTN, and that those provisions are unduly restrictive of competition because they would require the protester to change its organization and approach to performing the work. 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:  United Network for Organ Sharing File:  B-416248 Date:  July 18, 2018 Jessica C. Abrahams, Esq., and Dana B. Pashkoff, Esq., Drinker Biddle & Reath, LLP, for the protester. Robyn Littman, Esq., and Christian Maimone, Esq., Department of Health and Human Services, for the agency. Jonathan L. Kang, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest challenging the terms of a solicitation as inconsistent with statutory and regulatory requirements is denied where the statute does not support the protester’s interpretation. 2.  Protest challenging the terms of a solicitation as unduly restrictive of competition because they require the protester, the incumbent contractor, to change its approach to performing the work, is denied where the agency has a reasonable basis for the requirements. DECISION United Network for Organ Sharing (UNOS), of Richmond, Virginia, challenges the terms of request for proposals (RFP) No. 18-250-SOL-0017, which was issued by the Department of Health and Human Services (HHS), Health Resources and Services Administration (HRSA), for operation of the Organ Procurement and Transplantation Network (OPTN).  The protester argues that the solicitation contains provisions that are inconsistent with the statutes and regulations concerning the OPTN, and that those provisions are unduly restrictive of competition because they would require the protester to change its organization and approach to performing the work. We deny the protest. BACKGROUND The OPTN is part of HRSA’s organ donation and transplantation program, and serves as “the national system that allocates and distributes donor organs to individuals waiting for an organ transplant.”  Healthcare Systems Bureau, www.hrsa.gov/about/ organization/bureaus/hsb/index.html (last visited July 16, 2018).  The OPTN is a “unique public-private partnership that links all professionals involved in the U.S. donation and transplantation system.”  About the OPTN, optn.transplant.hrsa.gov/governance/about-the-optn (last visited July 16, 2018).  The OPTN was established by the National Organ Transplant Act (NOTA), which was enacted in 1984 to “provide for the establishment of the Task Force on Organ Transplantation and the Organ Procurement and Transplantation Network, to authorize financial assistance for organ procurement organizations, and for other purposes.”  Pub. L. No. 98‑507, Oct. 19, 1984; 42 U.S.C. §§ 273-274g.  The agency has issued regulations implementing NOTA at 42 C.F.R. part 121. As relevant here, NOTA states that HHS “shall by contract provide for the establishment and operation of an Organ Procurement and Transplantation Network.”  42 U.S.C. § 274(a).  HHS awarded a contract to UNOS to operate the OPTN in 1986, and the protester has received all seven contract awards since that date.  Protest at 4.  In addition, NOTA provides that the OPTN must meet the following requirements, set forth here in relevant part: The Organ Procurement and Transplantation Network shall carry out the functions described in paragraph (2) and shall-- (A) be a private nonprofit entity that has an expertise in organ procurement and transplantation, and (B) have a board of directors-- (i) that includes representatives of organ procurement organizations (including organizations that have received grants under section 371), transplant centers, voluntary health associations, and the general public; and (ii) that shall establish an executive committee and other committees, whose chairpersons shall be selected to ensure continuity of leadership for the board. 42 U.S.C. § 274(b)(1).[1] HHS issued the solicitation on March 30, 2018, seeking proposals to operate the OPTN.  The RFP anticipates the award of a cost-sharing contract with a base period of 1 year and four 1-year options.  Agency Report (AR), Tab 6, RFP amend.