About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-413104.35,B-413104.38 1 (2019-04-18)

handle is hein.gao/gaobadzge0001 and id is 1 raw text is: 



G     AtO          U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                            of the United States


Decision


Matter of:  Biswas  Information Technology Solutions, Inc.


File:

Date:


B-413104.35; B-413104.38


April 18, 2019


Alexander B. Ginsberg, Esq., Travis L. Mullaney, Esq., and Kevin R. Massoudi, Esq.,
Pillsbury Winthrop Shaw Pittman LLP, for the protester.
Christine Simpson, Esq., and Anthony E. Marrone, Esq., Department of Health and
Human  Services, for the agency.
Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Protest that agency misevaluated protester's proposal as unacceptable and engaged in
disparate evaluation treatment is denied where proposals were evaluated reasonably
and consistently with solicitation criteria, and where evaluation was evenhanded and did
not reflect disparate evaluation treatment.
DECISION

Biswas Information Technology Solutions, Inc. (BITS), of Herndon, Virginia, a small
business, protests the Department of Health and Human Services, National Institutes of
Health's (NIH) exclusion of its proposal from further consideration under request for
proposals (RFP) No. NIHJT2016015, for information technology (IT) supplies and
services under a governmentwide acquisition contract (GWAC). BITS argues that NIH
misevaluated its proposal as unacceptable and evaluated proposals unequally.

We  deny the protest.

BACKGROUND

Pursuant to Section 5112(e) of the Clinger-Cohen Act of 1996, 40 U.S.C. § 11302(e),
the Office of Management and Budget has designated NIH as an executive agent for
government-wide  IT acquisitions. RFP at B-1.1 The RFP, issued on March 14, 2016,

1 The solicitation was amended four times. All RFP citations are to the conformed RFP.


  DOCUMENT  FOR PUBLIC RELEASE
The decision issued on the date below was subject to
a GAO Protective Order. This redacted version has
been approved for public release.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most