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B-422550.2 Jun 24, 2024 1 (2024-06-24)

handle is hein.gao/gaoqlk0001 and id is 1 raw text is: U.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 Decision a GAO Protective Order. This redacted version has been approved for public release. Matter of: UpToDate, Inc. File: B-422550.2 Date: June 24, 2024 Justin A. Benson, Esq., and Charles A. Weiss, Esq., Bryan Cave Leighton Paisner, LLP, for the protester. Shane J. McCall, Esq., Nicole D. Pottroff, Esq., John L. Holtz, Esq., Gregory P. Weber, Esq., and Stephanie L. Ellis, Esq., Koprince Law LLC, for J.E. Federal Enterprises, LLC, the intervenor. Matthew Vasquez, Esq., and M. Aaron Lee, Esq., Defense Health Agency, for the agency. Kenneth Kilgour, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly canceled sole-source contract in favor of a competitive procurement is dismissed because the allegation that an agency should solicit a requirement on a sole-source basis is not for GAO's review. DECISION UpToDate, Inc., of Waltham, Massachusetts, protests the decision of the Defense Health Agency (DHA) to cancel contract No. HT001 124C001 0, awarded to UpToDate by DHA for a commercial-off-the-shelf point-of-care clinical decision support tool. The protester contends that DHA's decision to terminate UpToDate's contract was improper. We dismiss the protest. The agency procured a subscription to UpToDate's product on a sole-source basis. Protest at 1. J.E. Federal Enterprises, LLC, protested with our Office the reasonableness of that contract award--as well as the award of a sole-source interim or bridge contract. GAO dismissed those protests when the agency indicated its intent to take corrective action, namely, terminating the contracts and conducting a competitive procurement to meet its point-of-care database requirement. See J.E. Federal Enterprises, LLC, B-422495, B-422550, May 13, 2024 (unpublished decision). This protest, challenging the reasonableness of the contract termination, followed.

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