Decision Released: Protest Denial for FDA professional, administrative, and consulting services (PACS) IDIQ

GAO Case: B-421906.6

Digest

Protest challenging the agency’s decision not to amend the solicitation and permit the submission of revised proposals is denied where the protester fails to demonstrate competitive prejudice.

Discussion

The protester contends that the agency’s decision not to amend the solicitation and allow the submission of revised proposals violated FAR section 15.206(a). Protest at 11. For the reasons discussed below, we deny the protest.

Section 15.206(a) of the FAR provides that “[w]hen, either before or after receipt of proposals, the government changes its requirements or terms and conditions, the contracting officer shall amend the solicitation.” In this regard, our Office has explained that a contract’s period of performance is generally a material solicitation requirement and if that requirement changes, the agency must issue an amendment and afford all offerors an opportunity to compete for its changed requirements. Lumen Techs. Gov’t Sols., Inc., B‑420945 et al., Nov. 16, 2022, 2022 CPD ¶ 301 at 12. Our Office will not sustain a protest of an agency’s decision not to amend a solicitation to incorporate a material change, however, unless the protester demonstrates a reasonable possibility of competitive prejudice.

Here, the protester asserts that the FAR required the agency to amend the solicitation and allow the submission of revised proposals because the agency has materially changed its requirements by shortening the period of performance for the initial task order. Protest at 11. According to the protester, if the agency amended the solicitation to allow the submission of revised proposals, the protester would submit pricing for the initial task order that is lower than the current awarded price. Protest, exh. 14, Decl. of Senior Director at 182. In this regard, the protester’s senior director contends that, given the opportunity, the protester would revise its task order pricing by [DELETED]. Id. The revised task order pricing, according to the senior director, would be [DELETED], which is lower than the awarded price. Id.

Without conceding that its requirements have changed,[7] the agency responds that this post-hoc price adjustment fails to demonstrate competitive prejudice …

Decision

Aneon Brillient, LLC, an 8(a) small business concern of Reston, Virginia, protests the decision of the Department of Health and Human Services, Food and Drug Administration (FDA) not to amend request for proposals (RFP) No. 75F40123R00069 and allow the submission of revised proposals. The protester contends that there was a material change to the requirements of the solicitation, which is for professional, administrative, and consulting services (PACS), and that the agency therefore should have amended the RFP and permitted offerors to submit revised proposals.

We deny the protest.

Read the decision here.

The lone known remaining GAO protest filed in relation to this recently awarded 5-year single-award IDIQ contract to provide the Food and Drug Administration with a range of Professional, Administrative, and Consulting Services has been denied.

OS AI Note: Dismissed does not necessarily mean resolved, and it can oftentimes indicate proactive steps taken by the government to address deficiencies or issues raised in the protest. More will be shared if it is made available.

Solicitation Number: 75F40123R00069

Agency: Department of Health and Human Services: Food and Drug Administration

Related
Contract Award: $100M FDA Professional, Administrative and Consulting Services (PACS) IDIQ