ViiMed (HT003822G0002)

B-422439 Jun 24, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights ViiNetwork, Inc., doing business as ViiMed, a small business of Washington, D.C., protests the issuance of order No. HT0038-24-F-0005 pursuant to basic ordering agreement (BOA) No. HT0038-22-G-0002 to Peraton, Inc., of Reston, Virginia, for healthcare delivery modernization. The protester argues that the agency improperly issued an order outside the scope of a BOA awarded to Peraton. The protester further contends that issuance of the order creates unmitigable organizational conflicts of interest. We dismiss 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: ViiNetwork, Inc. d/b/a ViiMed File: B-422439 Date: June 24, 2024 Michael J. Gardner, Esq., and Timothy M. McLister, Esq., Greenberg Traurig, LLP, for the protester. J. Scott Hommer, III, Esq., Rebecca E. Pearson, Esq., Christopher G. Griesedieck, Esq., and Kelly M. Boppe, Esq., Venable LLP, for Peraton, Inc., the intervenor. Colby L. Sullins, Esq., Timothy J. Haight, Esq., Christopher F. Hirl, Esq., Defense Health Agency, for the agency. Charmaine A. Stevenson, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency improperly issued a task order outside the scope of a basic ordering agreement (BOA), awarded as part of a commercial solutions opening (CSO) procurement, is dismissed for failing to state a valid basis of protest, where the record shows that the order was properly issued in accordance with the terms of the CSO and the BOA. 2. Protest that an order issued under a BOA awarded pursuant to the terms of a CSO creates unmitigable organizational conflicts of interest is dismissed where the protester's assertions do not present hard facts necessary to demonstrate that any actual or potential organizational conflicts of interest exist. DECISION ViiNetwork, Inc., doing business as ViiMed, a small business of Washington, D.C., protests the issuance of order No. HT0038-24-F-0005 pursuant to basic ordering agreement (BOA) No. HT0038-22-G-0002 to Peraton, Inc., of Reston, Virginia, for healthcare delivery modernization. The protester argues that the agency improperly issued an order outside the scope of a BOA awarded to Peraton. The protester further contends that issuance of the order creates unmitigable organizational conflicts of interest. We dismiss the protest. BACKGROUND The Defense Health Agency, on behalf of the Department of Defense, Joint Operational Medicine Information Systems (JOMIS) program office, requires operational medicine capabilities as part of its healthcare delivery modernization effort to enable the capture and transmission of healthcare data. The effort will address critical gaps in the transmission of healthcare information to document preventative healthcare and patient encounters; manage patient data, ancillary data, and maintain patient visibility; and provide decision support to healthcare providers for active and deployed military service members. Agency Report (AR), Tab 12, CSO at 1, 5. The agency conducted the acquisition in accordance with Class Deviation 2018-O0016, now superseded by Class Deviation 2022-O0007, Defense Commercial Solutions Openings (CSO). Contracting Officer's Statement (COS) at 2. The use of CSOs as a form of general solicitation was first authorized as a pilot program under section 879 of the fiscal year (FY) 2017 National Defense Authorization Act (NDAA), Pub. L. No. 114-328, § 879, 130 Stat. 2000, 2312-2313 (2016), and permanently authorized under section 803 of FY 2022 NDAA. Pub. L. No. 117-81, § 803, 135 Stat. 1541, 1814-1816 (2021). Under a CSO, the Department of Defense may competitively select proposals received in response to a general solicitation, similar to a broad agency announcement, based on a review of proposals by scientific, technological, or other subject-matter expert peers. Use of a CSO in accordance with this class deviation is a competitive procedure for the purposes of 10 U.S.C. chapter 221 and Federal Acquisition Regulation (FAR) section 6.102. COS at 3. Here, the agency issued CSO No. HT0038-22-S-C001, which stated that the potential instruments awarded could be FAR-based contracts; basic ordering agreements (BOAs), including orders; blanket purchase agreements, including calls; or prototype other transactions (OTs); and that regardless of the type of instrument negotiated, the pricing would be fixed price. CSO at 3. In addition, the CSO stated: Awards made under this CSO constitute competitive procedures.