Microgenics Corporation (USCA20R0151)

B-419470 Feb 02, 2021 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Microgenics Corporation, of Fremont, California, protests the award of a contract to Siemens Healthcare Diagnostics, Inc., of Norwood, Massachusetts, under request for proposals (RFP) No. USCA20R0151, issued by the Administrative Office of the United States Courts (AOUSC) for drug analyzing equipment and supplies. Microgenics contends the agency's evaluation of Siemens's proposal and resulting award decision were improper. We dismiss the protest as untimely. View Decision   Decision Matter of:  Microgenics Corporation File:  B-419470 Date:  February 2, 2021 Kevin Pinkney, Esq., and Travis L. Mullaney, Esq., Arent Fox, LLP, for the protester. Jeffery M. Chiow, Esq., Robert S. Metzger, Esq., Stephen L. Bacon, Esq., and Eleanor M. Ross, Esq., Rogers Joseph O’Donnell, PC, for Siemens Healthcare Diagnostics, Inc., the intervenor. Michael K. Greene, Esq., Administrative Office of the United States Courts, for the agency. Louis A. Chiarella, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest challenging an award made by the Administrative Office of the United States Courts filed more than 10 days after the protester learned of its basis of protest when the agency provided a non-required debriefing is dismissed as untimely; a debriefing mandated by internal agency policy guidance is not a “required debriefing” for purposes of GAO’s timeliness rules. 2.  Protest challenging the agency’s conduct of discussions and alleged disclosure of protester’s propriety information by means of an amended solicitation is dismissed where the protester failed to challenge the apparent solicitation defect in a timely manner. DECISION   Microgenics Corporation, of Fremont, California, protests the award of a contract to Siemens Healthcare Diagnostics, Inc., of Norwood, Massachusetts, under request for proposals (RFP) No. USCA20R0151, issued by the Administrative Office of the United States Courts (AOUSC) for drug analyzing equipment and supplies.  Microgenics contends the agency’s evaluation of Siemens’s proposal and resulting award decision were improper. We dismiss the protest as untimely. BACKGROUND The AOUSC is “an arm of the judicial branch” of the federal government.  Agency Dismissal Request at 2, citing Superior Reporting Servs., Inc., B-230585, June 16, 1988, 88-1 CPD ¶ 576 at 2.  The mission of the AOUSC is to provide administrative, financial, legal, legislative, management, technology, and program support services to the federal courts and other judicial branch agencies (e.g., United States Sentencing Commission, Federal Judicial Center, United States Probation and Pretrial Services Offices (USPPSO)).  www.uscourts.gov/about-federal-courts/judicial-administration (last visited Jan. 19, 2021).  Moreover, unlike most executive branch agencies, the AOUSC’s contracting activities are not governed by the competition requirements of the Federal Property and Administrative Services Act of 1949, Pub. L. No. 81-152, 63 Stat. 377 (codified in scattered sections of 41 U.S.C.), as amended by the Competition in Contracting Act of 1984 (CICA), and implemented in the Federal Acquisition Regulation (FAR).  Court Copies & Images, Inc., B-277268, B-277268.2, Sept. 24, 1997, 97-2 CPD ¶ 85 at 2 n.2 (“Because AOUSC is part of the judicial branch, it is not subject to the procurement statutes and regulations governing executive branch procurements”); Superior Reporting Servs., Inc., supra at 2-3.  Rather, the AOUSC’s procurements are conducted in accordance with the agency’s Guide to Judiciary Policy, Volume 14 (Procurement).[1]  www.uscourts.gov/sites/default/files/guide-vol14-2016-03-29_0.pdf (last visited Jan. 19, 2021). The RFP, issued on September 23, 2020, contemplated the award of an indefinite-delivery, indefinite-quantity contract under which fixed-price delivery orders could be placed for 5 years with one 6-month option.[2]  RFP at 4, 25.  In general terms, the solicitation’s statement of work (SOW) required the contractor to provide all the drug testing equipment and reagents (i.e., immunoassays) necessary to perform on-site drug testing at various USPPSO locations.  RFP amend. 0002, SOW at 2.  The RFP established that contract award would be made on a “lowest priced, technically-acceptable” basis, based on three evaluation factors:  technical approach; experience and past performance (hereinafter, past performance); and price.[3]  RFP amend. 0002 at 14. Both Siemens and Microgenics submitted proposals by the October 27 closing date.  The agency evaluated offerors’ proposals, with the final evaluation ratings and prices as follows:   Siemens Microgenics Technically Acceptable Yes Yes Past Performance Satisfactory Confidence Substantial Confidence Price $9,944,205 $15,195,775   Req.