Decision Released: NIH Multimedia Devices for Patient Engagement and Training protest

File: B-423140

Digest

1. Protest alleging that the solicitation should have been set aside for small business concerns is dismissed as untimely where the solicitation issued following the protester’s objections submitted in response to an earlier proposed sole-source award did not specify that it was set aside for small business concerns and the protester did not timely challenge the terms of the solicitation before the closing time for the submission of quotations.
2. Protest challenging the agency’s evaluation of quotations and source selection decision is denied where the agency’s evaluation and resulting award decision were consistent with the terms of the solicitation.

Discussion

Mission Analytics raises two primary bases of protest. First, the protester alleges that the agency unreasonably failed to set aside the RFQ for small businesses. Second, the protester argues that the agency failed to make the award on a LPTA basis. Specifically, the protester contends that its quotation was technically acceptable and should have been evaluated as offering the lowest price. We address these arguments in turn …

Decision

Mission Analytics, LLC, a service-disabled veteran-owned small business (SDVOSB) of Falls Church, Virginia, protests the award of a contract to Sharp Electronics Co. (Sharp), of Montvale, New Jersey, conducted under request for quotations (RFQ) No. 24-011595, issued by the Department of Health and Human Services, National Institutes of Health for multimedia devices for patient engagement and training. The protester contends that the RFQ should have been set aside for small businesses and that the agency’s evaluation and resulting award decision were unreasonable.

We dismiss the protest in part and deny it in part.

Read the decision here.

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