KoHealthTechnologies, LLC (75N97025Q00028)

B-423440 Jul 10, 2025 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights KoHealth Technologies, LLC, a small business of Richardson, Texas, protests a proposed sole-source task order extension to ICF Incorporated, LLC, of Reston, Virginia, by the Department of Health and Human Services, National Institutes of Health, National Library of Medicine, for information technology modernization services related to the ClinicalTrials.gov website. The protester alleges that the agency's justification for the sole-source task order is inadequate in various ways. We deny the protest. View Decision Decision Matter of: KoHealth Technologies, LLC File: B-423440 Date: July 10, 2025 Dr. Ajay Kohli, MD, KoHealthTechnologies, LLC, for the protester. Kelly E. Buroker, Esq., Kevin P. Connelly, Esq., and Michael P. Ols, Esq., Vedder Price, P.C., for ICF Incorporated, LLC, the intervenor. Jon J. Gottschalk, Esq., and Kevin Misener, Esq., Department of Health and Human Services, for the agency. Michael Willems, Esq., Jesse Jian Adelman, and Evan D. Wesser, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency's establishment of a noncompetitive logical follow-on task order was reasonable pursuant to the authority of Federal Acquisition Regulation subsection 8.405‑6(a)(1)(i)(C). DECISION KoHealth Technologies, LLC, a small business of Richardson, Texas, protests a proposed sole-source task order extension to ICF Incorporated, LLC, of Reston, Virginia, by the Department of Health and Human Services, National Institutes of Health, National Library of Medicine, for information technology modernization services related to the ClinicalTrials.gov website. The protester alleges that the agency's justification for the sole-source task order is inadequate in various ways. We deny the protest. BACKGROUND In 2020, the agency initially issued a competitively awarded task order for operation, maintenance, and modernization of ClinicalTrials.gov to ICF under the General Services Administration's Federal Supply Schedule contract No. GS00F010CA. Contracting Officer's Statement (COS) at 1. The period of performance for that contract ran from September 29, 2020, to September 28, 2023. Id. In 2023 the agency issued a sole‑source follow-on task order for continuation of the modernization effort with a 12-month period of performance and a single 6-month option that would collectively extend performance to March 28, 2025. Id. Relevant to this protest, while this follow-on task order included Federal Acquisition Regulation (FAR) clause 52.217-8, Option to Extend Services, the agency did not evaluate pricing for that option. Id. During the pendency of the follow-on task order the agency began conducting acquisition planning and market research to compete a follow-on procurement. COS at 2. Specifically, on August 27, 2024, the agency published sources sought notices and ultimately received capability statements from 49 firms, including the protester. Id. The agency evaluated those capability statements and had additional communications with several firms, also including the protester. Id. Ultimately, however, because the ClinicalTrials.gov modernization effort was in its final phases with anticipated completion by the end of fiscal year 2025, the agency concluded that transition to a new vendor would result in significant delay and additional costs. Agency Report (AR), Tab 4.3, Limited Source Justification at 2, 6-7. For example, the agency concluded, based on the responses to the sources sought notices, that a new vendor would require a 6 to 8-month transition period and the current modernization phase would be completed within 6 months. Id. For this and other reasons, the agency concluded that transitioning to a new vendor would result in delay of several time-sensitive deliverables, increased costs, and duplication of effort. Id. While the agency continued with acquisition planning for the recompetition of the ongoing operation and maintenance of ClinicalTrials.gov, the agency concluded that it would need to exercise the option to extend services provided by FAR clause 52.217-8 for six months to complete the current modernization effort. AR, Tab 4.3, Limited Source Justification at 2-3. However, because the agency did not previously evaluate the pricing for the option to extend services, the exercise of that option is, in effect, a new procurement. Accordingly, the agency executed a limited sources justification relying on FAR subsection 8.405-6(a)(1)(i)(C), which provides that an agency may limit sources under a Federal Supply Schedule (FSS) contract when: In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures.