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B-293541 1 (2004-04-09)

handle is hein.gao/gaobacyqn0001 and id is 1 raw text is: I G A 0Comptroller General .. . .Accountability * Integrity * Reliability of the United States United States General Accounting Office Washington, DC 20548 D .. 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 ½ 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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