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B-293541 1 (2004-04-09)

handle is hein.gao/gaocrptaplj0001 and id is 1 raw text is: 




         G     A    0                                                 Comptroller General
             SIntegrity Reliability                                   of the United States
 ~ccountabthty Inert Rea iy
United States General Accounting Office
Washington, DC 20548



          Decision


          Matter of: Information Ventures, Inc.

          File:       B-293541

          Date:       April 9, 2004

          Bruce H. Kleinstein, Esq., for the protester.
          Mike Colvin, Department of Health and Human Services, for the agency.
          Henry J. Gorczycki, Esq., and Ralph 0. White, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Where agency contemplated a sole source purchase under simplified acquisition
          procedures, and its December 31, 2003, announcement of the intended award
          established a response period for capability statements from potential sources of
          1 / business days (until January 5, 2004), the agency did not provide potential
          sources with a reasonable opportunity to respond, particularly where the record
          does not show a need for the short response period and the agency knew of the
          requirement well in advance of issuing the notice.
          DECISION

          Information Ventures, Inc. (IVI) protests a sole source award to Metaworks, Inc.
          under request for quotations (RFQ) No. 263-04-(FQ)-0009, issued by the Department
          of Health and Human Services (HHS), National Institutes of Health (NIH), for
          research services associated with developing a list of drugs requiring additional
          study, and providing that list to Congress, as required by the Best Pharmaceuticals
          for Children Act (BPCA), 42 U.S.C.A. § 284m(a) (West 2003).

          We sustain the protest.

          On December 15, 2003, HHS published a pre-solicitation notice--for solicitation
          No. 263-04-(DR)0016--on the Federal Business Opportunities (FBO) website,
          www.fedbizopps.gov. The notice stated that, for each drug on a list to be provided,
          the contractor would perform an assessment of the relevant literature using a
          standardized search methodology, document the search methodology, and identify
          all information about the effect of the drug on neonates and children under the age

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