Heather Kirk April 24, 2024 3 Comments
Updated April 24, 2024
The Court of Federal Claims detailed a tentative schedule earlier today as they hear the cases put forth by the two challengers.
  • Administrative Record due by 5/10/2024.
  • Plaintiff’s Motion for Judgment on the Administrative Record and any Amended Complaint due by 6/14/2024.
  • Government’s and Intervenors’ Cross Motions due by 7/12/2024.
  • Plaintiff’s Response to Cross-Motions and Reply in support of its Motion due by 7/26/2024.
  • Government’s and Intervenors’ Responses to Plaintiff’s Motion and Replies in support of their Cross Motions due by 8/9/2024.
  • Hearing set for 9/10/2024
Updated April 22, 2024
For those watching this closely, late this afternoon GAO posted a decision document with details related to the denial of a protest put forth by Vivsoft, one of the two firms that have filed a challenge with the court of federal claims. The decision document (which can be found here) provides some valuable insight into the grounds for the challenge and the rationale used by the government when denying their protest.
We at OS AI do not speculate, however, this interview with government contract attorney Jim Dougherty (Listen Here) provides some insight into the grounds for the challenges put forth on the ACME BPA competition, what is likely to happen next, and an expected timeline for resolution.
GAO has posted two other denial decision documents in the last week or so.
  • One is for BAO systems, the other protestor who is known to have taken their case to the court – see that document here, 
  • and the other is for the Spatial Front GAO protest. More Here. As of this posting, Spatial Front has not filed a protest with the courts.
Updated April 18, 2024
A second Court Challenge was filed by VivSoft earlier today concerning this heavily competed Centers for Medicare & Medicaid Services multiple-award BPA. This news comes on the heels of a kickoff being held this week with the Prime awardees, with some in attendance being told that any decision as to whether there will be stay of performance has not been decided as of yet.
Several more Prime awardees have requested to intervene in the court case as a way to better understand the challenge and to help ensure the award decision stays intact.

Updated April 17, 2024

A new protest filed in the Court of Federal Claims this afternoon threatens to halt or significantly slow the celebrations and subsequent planning activities that began in earnest last week for the named Prime awardees on this heavily competed multiple-award BPA after hearing that all GAO protests were denied.

An official challenge was filed with the Courts today by BAO Systems. BAO was one of several GAO protestors whose challenges were denied last week (see the full list below). Those trying to understand the grounds for the protests put forth by BAO can review the detailed protest denial decision document that GAO publicly released earlier today,

It is worth noting that one of the named primary awardees, Flexion, has already filed a request to intervene.

More will be shared as it becomes known.

Related:

 

Updated April 11. 2024

Barring a challenge in the Courts, it appears that task orders will start flowing soon on this heavily competed Centers for Medicare & Medicaid Services multiple-award BPA. Confirming rumors, GAO officially posted their denial decision earlier today denying the last of the remaining three protests.

Updated April 10, 2024

The second of the three outstanding protests filed in relation to this heavily competed Centers for Medicare & Medicaid Services multiple-award BPA has now been denied. One protest remains open, but with an April 15 deadline looming, a decision is expected in the immediate days ahead.

Updated April 6, 2024

One of the three known protests filed in relation to this heavily competed Centers for Medicare & Medicaid Services multiple-award BPA has now been denied. Two others remain open, but with an April 15 deadline a decision is expected in the week ahead.

Added January 8, 2024

Nearly three months after the last active protest was denied, and nine months after the award was announced, more protests have been filed in relation to this heavily competed Centers for Medicare & Medicaid Services multiple-award BPA.

Solicitation Number: 75FCMC21Q0013

Agency: Department of Health and Human Service: Centers for Medicare & Medicaid Services

Protestor: BAO Systems, LLC
File number: B-421561.13
Outcome: Denied
Decision Date: Apr 10, 2024

Protestor: Spatial Front, Inc.
File number: B-421561.14
Outcome: Denied
Decision Date: Apr 5, 2024

Protestor: VivSoft Technologies, LLC
File number: B-421561.15
Outcome: Denied
Decision Date: Apr 11, 2024


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  1. John H

    I confirmed that the latest protest was officially closed today.

  2. John H

    It will be interesting to see if the Courts put a stay in place until this is resolved,

  3. John H

    It looks like they did consolidate the cases.