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B-416248 1 (2018-07-18)

handle is hein.gao/gaobaduxq0001 and id is 1 raw text is: GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has Decision been approved for public release. Matter of: United Network for Organ Sharing File: B-416248 Date: July 18, 2018 Jessica C. Abrahams, Esq., and Dana B. Pashkoff, Esq., Drinker Biddle & Reath, LLP, for the protester. Robyn Littman, Esq., and Christian Maimone, Esq., Department of Health and Human Services, for the agency. Jonathan L. Kang, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the terms of a solicitation as inconsistent with statutory and regulatory requirements is denied where the statute does not support the protester's interpretation. 2. Protest challenging the terms of a solicitation as unduly restrictive of competition because they require the protester, the incumbent contractor, to change its approach to performing the work, is denied where the agency has a reasonable basis for the requirements. DECISION United Network for Organ Sharing (UNOS), of Richmond, Virginia, challenges the terms of request for proposals (RFP) No. 18-250-SOL-001 7, which was issued by the Department of Health and Human Services (HHS), Health Resources and Services Administration (HRSA), for operation of the Organ Procurement and Transplantation Network (OPTN). The protester argues that the solicitation contains provisions that are inconsistent with the statutes and regulations concerning the OPTN, and that those provisions are unduly restrictive of competition because they would require the protester to change its organization and approach to performing the work. We deny the protest.

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