ABSS Solutions, Inc. ()

Case: B-423805 Agency: Department of Defense : Defense Health Agency Date: 2025-12-16 Denied
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B-423805,B-423805.2 Dec 16, 2025 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights ABSS Solutions, Inc., a small business of Upper Marlboro, Maryland, and CICONIX LLC, a small business of Annapolis, Maryland, protest the decision of the Department of Defense, Defense Health Agency (DHA) to award a sole-source contract for technical and professional research support services to Chenega Reliable Services, LLC, an Alaska Native Corporation (ANC) of Anchorage, Alaska, under the Small Business Administration's (SBA) section 8(a) program. The protesters contend that the award of the contract on a sole-source basis is improper because it violates SBA regulations. We deny the protests. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This version has been approved for public release. Decision Matter of: ABSS Solutions, Inc.; CICONIX LLC File: B-423805; B-423805.2 Date: December 16, 2025 Lewis P. Rhodes, Esq., Reston Law Group, LLP, for the protesters. Jason R. Smith, Esq., Defense Health Agency; and Tanner M. Hatch, Esq., Small Business Administration, for the agencies. Uri R. Yoo, Esq., and Alexander O. Levine, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protests alleging that agency failed to comply with Small Business Administration (SBA) regulations when awarding a sole‑source contract to an Alaska Native Corporation is denied where the record reflects that the requirement was not previously competed within the SBA's section 8(a) program. DECISION ABSS Solutions, Inc., a small business of Upper Marlboro, Maryland, and CICONIX LLC, a small business of Annapolis, Maryland, protest the decision of the Department of Defense, Defense Health Agency (DHA) to award a sole-source contract for technical and professional research support services to Chenega Reliable Services, LLC, an Alaska Native Corporation (ANC) of Anchorage, Alaska, under the Small Business Administration's (SBA) section 8(a) program. The protesters contend that the award of the contract on a sole‑source basis is improper because it violates SBA regulations. We deny the protests. BACKGROUND On September 8, 2020, DHA awarded a contract to ABSS to provide science technology and research team (START) support services for the Air Force medical service's research and development efforts. ABSS Protest at 2. The contract was awarded after a competition conducted under the SBA's 8(a) program. Id.; Early Document Production, Exh. 2, Offer Letter to SBA at 3. CICONIX performed under the contract as ABSS's subcontractor. CICONIX Protest at 2. In September 2024, shortly before the 2020 contract was set to expire, the agency awarded a “bridge” contract to ABSS on a sole‑source basis for a period of 12 months, from September 26, 2024, through September 25, 2025.[1] ABSS Protest exh. 1, Justification and Approval (J&A) at 1. The agency stated in its J&A for the sole‑source award that ABSS, “[a]s the incumbent contractor, . . .[was] the only capable source poised to provide continuity of services until a competitive, follow‑on acquisition can be completed.” Id. at 2. The J&A further explained that ABSS was the only contractor with the ability to seamlessly continue this service “while a competitive follow‑on effort is solicited, evaluated, and awarded.” Id. at 3. As relevant here, the J&A also stated that “[a]ctions will be taken to publicize and conduct [the follow‑on] competitive acquisition process to promote effective competition.” Id. at 2. In this regard, the J&A explained that a “Request for Information (RFI) was posted to the Government Point of Entry, SAM.gov, on 10 June 2024 and 19 responses were received.” Id. at 3. The agency stated that “[r]esponses received from this RFI will be used for market research on the follow‑on contract action.” Id. at 3. On December 23, the agency posted a second RFI. DHA Resp. to SBA Comments, attach. 1, December RFI at 1. The December RFI again sought capability statements from 8(a) small business vendors to perform the START requirements for the Air Force's medical service. Id. at 2. The RFI informed vendors that the agency anticipated soliciting for the award of an indefinite-delivery, indefinite-quantity (IDIQ) contract with a 60-month ordering period. Id. at 2; see RFI No. HT9425-25-RFI-START, Dec. 23, 2024, at https://sam.gov/workspace/contract/opp/ 7b79dacb19ac409f95f233a7bd7d9627/ view (last visited on Nov. 17, 2025). On June 24, 2025, the agency submitted an offer letter to the SBA requesting acceptance of the follow‑on START requirement under the SBA's 8(a) program for a sole‑source award to Chenega as a designated ANC. Early Document Production, Exh. 2, Offer Letter to SBA at 1.

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