Monbo Group International, Ltd. (FDA-22-RFQ-1250996)

B-420925.2 Nov 21, 2022 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Monbo Group International, a small business of Owings Mills, Maryland, protests the corrective action being taken by the Department of Health and Human Services, Food and Drug Administration (FDA), following Monbo's earlier protest of FDA's issuance of a task order to Oak Ridge Associated Universities, Inc., of Oak Ridge, Tennessee. The task order was issued under request for quotations (RFQ) No. FDA-22-RFQ-1250996, for a research specialist to support FDA's diversity research on preparedness for the ongoing challenges to HIV diagnostics and blood safety. The protester maintains that the agency's decision to cancel the solicitation and acquire the position via a task order under a separate contract vehicle is improper. We deny the protest. View Decision Decision Matter of: Monbo Group International File: B-420925.2 Date: November 21, 2022 Dee Monbo, Monbo Group International, for the protester. David A. Lank, Esq., Department of Health and Human Services, for the agency. Katherine I. Riback, Esq., and Alexander O. Levine, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the agency’s decision to take corrective action by cancelling solicitation is denied where the agency had a reasonable basis to cancel the solicitation. 2. Protest challenging the agency’s decision to resolicit requirement as a task order issued under an existing contract vehicle is dismissed where the task order value falls below the threshold for our Office’s task order jurisdiction. DECISION Monbo Group International, a small business of Owings Mills, Maryland, protests the corrective action being taken by the Department of Health and Human Services, Food and Drug Administration (FDA), following Monbo’s earlier protest of FDA’s issuance of a task order to Oak Ridge Associated Universities, Inc., of Oak Ridge, Tennessee. The task order was issued under request for quotations (RFQ) No. FDA-22-RFQ-1250996, for a research specialist to support FDA’s diversity research on preparedness for the ongoing challenges to HIV diagnostics and blood safety. The protester maintains that the agency’s decision to cancel the solicitation and acquire the position via a task order under a separate contract vehicle is improper. We deny the protest. BACKGROUND In May 2022, the agency issued the solicitation, under General Services Administration (GSA) schedule contract GS-02F-0197X, for a post-doctoral research specialist level 2/biologist II position. AR, Tab 3, RFQ, Statement of Work at 1. The solicitation’s statement of work included certain requirements for the post-doctoral position, referred to “essential preferred criteria,” such as, “[e]leven or more years of training in the safe handling of human blood samples.” Id. The solicitation did not specify that vendors were required to submit a candidate’s resume for technical evaluation. The solicitation provided that the agency would make award to the lowest‑priced, technically acceptable quotation. Id. at 11. The agency received three quotations in response to the RFQ, with each vendor submitting only a price quotation. AR, Tab 2, Contracting Officer Statement (COS) at 2. The contracting officer determined that resumes of each vendor’s prospective candidates was necessary to ensure that the candidates met the RFQ requirements. The agency then requested that the vendors submit resumes of their prospective candidates and performed a technical evaluation by comparing each resume to the statement of work requirements. Based on this evaluation, the agency determined that Oak Ridge was the lowest-priced, technically acceptable vendor, and made award to that firm. Id. On July 31, Monbo filed a protest against the award to Oak Ridge with our Office. In its protest, Monbo argued that the agency’s award to Oak Ridge was improper as Monbo had proposed the lowest‑priced, technical acceptable offer. AR, Tab 4, Monbo Protest at 3. After reviewing Monbo’s protest, the agency determined that the solicitation was vague and failed to adequately describe the agency’s requirements because the RFQ did not require sufficient information from the vendors, such as resumes, for the agency to accurately determine whether a vendor could successfully perform the requirements. Id.; Tab 5, Memorandum to the File (Aug. 12, 2022) at 2. The agency also determined that an existing indefinite-delivery, indefinite-quantity (IDIQ) contract issued by FDA for scientific support services, which was set aside for 8(a) firms, would better serve the agency’s needs. AR, Tab 7, IDIQ Contract at 23. The agency then announced corrective action consisting of terminating the award to Oak Ridge, cancelling the RFQ, and resoliciting the requirement using the existing IDIQ contract. COS at 2; AR, Tab 6, Agency Notice of Corrective Action.