Navitas Clinical Research, Inc. (75N95023R00013)
Case: B-422142
Agency: Department of Health and Human Services : National Institutes of Health
Protester: Navitas Clinical Research, Inc.
Date: 2024-07-10
Denied
B-422142.3,B-422142.4
Jul 10, 2024
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Highlights
Navitas Clinical Research, Inc. (Navitas), a small business located in Rockville, Maryland, protests the award of an indefinite-delivery, indefinite-quantity (IDIQ) contract and issuance of an initial task order to Digital Infuzion, Inc. (Digital), of Rockville, Maryland, under request for proposals (RFP) No. 75N95023R00013, issued by the Department of Health and Human Services (HHS), National Institutes of Health (NIH), National Institute of Aging (NIA), for clinical research support services. Navitas argues that Digital has an unmitigated unequal access to information organizational conflict of interest (OCI), alleges the agency's evaluation of its proposal was unreasonable, and contends that the agency engaged in misleading discussions.
We deny the protest.
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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: Navitas Clinical Research, Inc.
File: B-422142.3; B-422142.4
Date: July 10, 2024
Shane J. McCall, Esq., Nicole D. Pottroff, Esq., John L. Holtz, Esq., Stephanie L. Ellis, Esq., and Gregory P. Weber, Esq., Koprince McCall Pottroff, LLC, for the protester.
Kevin P. Mullen, Esq., Krista A. Nunez, Esq., and Lyle F. Hedgecock, Esq., Morrison & Foerster LLP, for Digital Infuzion, Inc., the intervenor.
Martin McEnrue, Esq., and Jon J. Gottschalk, Esq., Department of Health and Human Services, for the agency.
Paula A. Williams, Esq., and Evan D. Wesser, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest that the awardee has an unequal access to information organizational conflict of interest arising from a meeting between the agency, the protester, and the awardee with respect to the protester's performance of predecessor requirements for the agency and the awardee's performance on an unrelated contract is denied because the protester fails to establish that the meeting resulted in the awardee gaining access to any of the protester's proprietary information.
2. Protest challenging the agency's evaluation of the protester's proposal under the technical and past performance factors is denied where the record shows that the agency's evaluation was reasonable and consistent with the terms of the solicitation and procurement laws and regulations.
3. Protest that the agency conducted misleading discussions is denied where the discussions reasonably led the protester to the areas of its proposal that were the basis for the agency's evaluated concerns.
DECISION
Navitas Clinical Research, Inc. (Navitas), a small business located in Rockville, Maryland, protests the award of an indefinite-delivery, indefinite-quantity (IDIQ) contract and issuance of an initial task order to Digital Infuzion, Inc. (Digital), of Rockville, Maryland, under request for proposals (RFP) No. 75N95023R00013, issued by the Department of Health and Human Services (HHS), National Institutes of Health (NIH), National Institute of Aging (NIA), for clinical research support services. Navitas argues that Digital has an unmitigated unequal access to information organizational conflict of interest (OCI), alleges the agency's evaluation of its proposal was unreasonable, and contends that the agency engaged in misleading discussions.
We deny the protest.
BACKGROUND
NIA leads the federal government's research efforts related to the health and well-being of older people and oversees a current and evolving clinical research portfolio. Contracting Officer Statement (COS) at 1. The mission of NIA's Office of Clinical Research (OCR) is to manage, support administrative operations, and to ensure that NIA is strategically and proactively planning, implementing, and monitoring best practices to comply with federal clinical research regulatory and policy requirements. Id. As part of that effort, NIA sought to acquire the services of a contractor to assist NIA with producing centralized procedures for tracking clinical research, regulatory compliance, and quality assurance/quality control activities.[1] Id.
The procurement at issue--referred to as NIA Clinical Research Support Services (CRSS)--sought proposals to provide a broad range of centralized and integrated administrative, regulatory, logistic, and statistical support for managing NIA's current and evolving clinical research portfolio. AR, Exh 2b, RFP at 4.[2] The contractor will provide support services to include project management and implementation, regulatory expertise, quality assurance/quality control, promoting participant recruitment, statistical consultation, developing tools, templates, and trainings, and managing participant safety, data integrity, and trial progress.
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